(1.) This Writ Petition takes exception to the order dtd. 25/1/2023 passed by the 6th Joint Civil Judge Senior Division, Pune, allowing the Application of Plaintiff filed below Exhibit "91" to recast the issues framed below Exhibit "26" in the suit proceedings and frame an additional issue.
(2.) Parties are referred to as "Plaintiff" and "Defendants" for convenience.
(3.) At the outset, it needs to be noted that cross-examination of the Plaintiff on the issues framed in the Suit has been completed. Thereafter Application below Exhibit "91" is filed by Plaintiff on 17/11/2022 under Order XIV Rule 5 of CPC, when the Suit is partheard.