JUDGMENT

1. The plaintiff in O.S. No.8523/2002 on the file of the XLIV Additional City Civil and Sessions Judge, Bengaluru, has filed this writ petition challenging an Order dtd. 1/9/2022 passed therein by which the Trial Court rejected an application (I.A. No.21) filed by him under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (for short, 'the CPC') seeking to recast issue No.3 and to frame an additional issue.

2. The suit in O.S. No.8523/2002 was filed inter alia for the following reliefs, in respect of the property bearing No.43/37, 2nd cross, Promnade Road, Frazer Town, Bengaluru, measuring 40 feet x 60 feet.

"(a) Partition and Possession of 1/8th share in the schedule properties by metes and bounds; (a-1) To set aside the alleged family partition dtd. 5/8/1987 and the alleged registered deed dtd.:22/3/1989 which is registered as document No.4394/1988-89, Book No.1, volume No.2830, Pages 1 to 10 registered in the office of the Sub Registrar, Shivajinagar, Bangalore registered on 4/5/1989 and re-open the same and direct 4/5/1989 and re-open the same and direct fresh p