1. Heard learned counsel for the parties.

2. The petitioner is plaintiff of Eviction Suit No. 2 of 2002, which she has filed for eviction of defendant no. 1 from the suit premises on the ground of her personal necessity and also on the ground of default by the defendant in payment of rent with respect to the suit premises.

3. The petitioner is aggrieved by order dated 13.2.2004 passed in the aforesaid suit, by which the learned Munsif, Biharsharif, Nalanda has allowed the defendants petition under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as the Code for the sake of brevity) and converted the eviction suit into a title suit and directed the plaintiff to deposit the court fees as per the fresh valuation due to the said added relief. Learned counsel for the petitioner submits that since she had filed a suit for eviction simplicitor and she was dominus litus, there was no occasion for the learned court below to concert the eviction suit into a title suit and add the relief which the plaintiff had not claimed.

4. On the other hand, learned counsel for the opposite party vehemently opposes the contentions of the learned counsel for the petitioner