Code of Civil Procedure, 1908–Order 14, Rule 5 r/w. Sec. 151–Application for framing the additional issue–Dismissed–Justification–Petitioner allowe to amend the written statement in memo of appeal–He incorporated the plea of validity of notice u/s. 106 of T.P. Act–Issue in regard to validity of notice was already on record–Held, no question arose for framing the additional issue–Rejection of application was justified.