MUNDRIKA DEVI Vs. SOHAN @ SOHAR MAHTO AND ORS.

JUDGEMENT

(1.) THE present writ petition has been preferred by the original Plaintiff in Title Suit No. 180 of 1997, against the order passed by learned Additional Munsif I, Giridih dated 29th January, 2009, whereby, an application has been given by the original Defendants that the Plaintiff may be directed to prove his case on the basis of three issues recast by the trial court vide order dated 15th January, 2009. This application, preferred by original Defendant, has been accepted by the trial court and the present Petitioner (original Plaintiff) has directed to prove his case on the basis of three recast issues. Against this order, passed by the trial court, present petition has been preferred.

(2.) HAVING heard learned Counsel for the Petitioner (original Plaintiff) and looking to the dispute between the parties to the suit, No. error has been committed by the trial court in allowing the application preferred by the original Defendants for recasting the issues and, therefore, I see No. reason to entertain this writ petition mainly for the following facts and reasons: