Raj Kishore Prasad, J.

1. These two applications in revision by the plaintiff arise out of one and the same suit, Title Suit 3 of 1959-- which is pending before the 1st Court of Munsif at Dhanbad.

2. In Civil Revision 33.7 of 1961, the sole question for determination is as to whether Rameshwar Lal Agarwala, opposite party 6, had rightly been added as a party to the suit against the wishes of the plaintiff. In Civil Revision No, 839 of 196.1, the single question for determination is whether the Court below had acted illegally in issuing a commission after further proceedings in the suit had been stayed by this Court.

2. The circumstances leading up to the two cases may briefly be stated as below; The plaintiff, which is a Private Limited Company, brought a suit against the District Board, Dhanbad and another, claiming certain reliefs against the defendants. Its case was that survey plots 575 and 612 of village Kirkend lying within 150 bighas of coal land belonging to the plaintiff were used as a lane by the people of Kirkend Bazar, hut as the plaintiff was the owner of the said lane and was maintaining and repairing the same at its own cost, the defendants had no right to ca