Binod Kumar Roy, J.

1. The plaintiffs have come up against an order holding that all the issues will be tried together in the suit filed for eviction of the defendants on the grounds of personal necessity and damage to the disputed premises under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the Act).

2. Both sides led evidence and when the parties were being heard, counsel for the plaintiffs impressed upon the Court that a judgment be given in regard to the question of personal necessity first and thereafter, other issues in relation to arrears of rent and factum and quantum of damages be decided separately. At that stage, the defendants filed a petition dated 27th May, 1985 to decide the suit taking into account general procedure to which the plaintiffs filed a rejoinder dated 28.5.1986 and resisted that prayer. By the impugned order, the Court below decided to take up all main issues viz, (i) persenal necessity (ii) arrears of rent, and (iii) factum and quantum of damages involved in the suit together for passing a common judgment. It further took the view that since issues have not been framed properly the