(1.) THE petitioners by way of a writ petition being W.P.C. No. -2140 of 2012 under Art. 227 of the Constitution of India have prayed for issuance of appropriate writ/order quashing and setting aside the order dated 13.01.2012 passed by the Learned Civil Judge (Senior Division) 5th Dhanbad in T.S. No. - 72 /06 whereby the Leaned Court below dismissed the application of the plaintiff under Order 39 Rule 1 and 2 r/w Section 151 of the Code of Civil Proceedure.
(2.) MISCELLANEOUS Appeal being M.A. No. - 35 of 2012 filed by the Appellant (original defendant) for expunging some part of the order dated 13.01.2012 on the ground that while disposing of the application under Order 39 rule 1 and 2 r/w Section 151 of the Code of Civil Procedure arrived at various conclusive findings which are not the prima facie finding and will highly prejudice the defendant.
(3.) HEARD counsel for the parties at length and perused the record of the case.