( 1 ) THE petitioners - original plaintiffs have filed this petition under Article-227 of the Constitution of India challenging the order passed by the learned Civil Judge (S. D.) Vadodara. below an application Ex. 154 in Regular Civil Suit No. 774 of 1987 on 3. 1. 2005, on the ground that the said order is absolutely illegal, unjust, improper, irrational, invalid and unreasonable. It is also challenged on the ground that the said order is passed with total non-application of mind and on misconception of facts and law. It is further challenged on the ground that it is passed in violation of and in utter disregard of the statutory provisions of the Code of civil Procedure and against the judicial pronouncements.

( 2 ) NOTICE was issued by this Court on 22. 2. 2005 and ad-interim relief in terms of para-8 (E) of the petition was granted and further proceedings of the Regular Civil Suit no. 774 of 1987 were stayed. The Court has also permitted the petitioner to delete the name of petitioner No. 2 as he has expired. The Court further observed that when the witness attempted to submit the case other than specifically pleaded in the written statement and the cross-suit, the