Iqbal Ahmed Ansari, J.

1. By filing this application under Article 227 of the Constitution of India, the petitioner, who is plaintiff in Title Suit No. 13 of 2004, has put to challenge the order, dated 02.07.2008, passed, in the said suit, by the learned Civil Judge (Senior Division), Karimganj, whereby the plaintiff-petitioner's petition, filed in the said suit, seeking to allow him to adduce evidence in support of the written statement, which the petitioner, as plaintiff, had filed against the counter-claim of the defendant No. 3 in the said suit, has been rejected.

MATERIAL FACTS:

Before entering into the discussion of the law governing the questions, which this application, made under Article 227, has raised, it is necessary to take note, in a nutshell, of the material facts giving rise to the present application. The material facts are as under:

(i) The present petitioner, as plaintiff, instituted Title Suit No. 13 of 2004 aforementioned against the respondent praying for decree for declaration of his rights and interest in the suit property created due to investments made on development, construction and renovation of the suit property and also for a declaration that the