1. - The present petition has been filed challenging the order dated 24.2.10 passed by the learned Addl. Civil Judge (Jr. Div.)-cum-Judicial Magistrate, Karauli (hereinafter referred to as 'the trial court') in Civil Suit No. 133/01, whereby the trial court has allowed the application of the respondent No.3-original plaintiff filed under Order 18, Rule 3A closing the evidence of the petitioner-Pradhuman Kumar, proprietor of the firm Jhumar Lal Swaroop Lal Tiwari.

2. The short facts giving rise to the present petition are that the respondent No.3-original plaintiff has filed the suit seeking permanent injunction and possession of the suit property against the present petitioner and the respondent No.2 (original defendants). In the said suit both the defendants had filed separate written statements. The case was thereafter fixed for evidence and after the closer of the evidence of the plaintiff, the case was fixed for the evidence of the defendant for the first time on 16.9.05. On the said date, the petitioner submitted his examination-in-chief on affidavit and the respondent-plaintiff sought time. Thereafter, it appears that the parties had amended the pleadings and issues w