1. - This petition under Articles 226 & 227 of Constitution of India at the behest of petitioner-defendant is laid to assail the impugned order dated 25.08.2015 passed by Additional District & Sessions Judge No. 1 Bhilwara (for short 'the learned court below") whereby learned court below has rejected the application of the petitioner under Order 8, Rule 1A (3) CPC. Besides that, the conjoint prayer of the petitioner under Order 13, Rule 10 CPC in the application is also not entertained by learned court below with the observation that if need be, the record of earlier decided case may be summoned by the court at the time of final arguments.

2. The facts apposite for the purpose of this petition are that respondent-plaintiff instituted a suit for partition, possession and rendition of accounts in respect of immovable property measuring 40" x 60" situated at Laxmi Narain Mandir Road, Bhilwara pleading specifically therein that the said property is joint Hindu Family Property of late Shri Kanhaiyalal having three sons and two daughters namely Shri Ram Prasad, Shri Madanlal, Shri Prem Narain, Smt. Jasoda Bai and Smt. Sohan Bai respectively. It is also averred in the plaint tha