Sandeep Sharma, J.

1. Instant petition filed under Art. 227 of the Constitution of India, lays challenge to order dated 16.5.2023 passed by learned Civil Judge, Court No.5, Shimla, Himachal Pradesh in Civil Suit No. 58 of 2022 titled as Govind Singh Kanwar and others v. Ranjit Singh, whereby learned trial Court, after directing the petitioners/plaintiffs (hereinafter, ‘plaintiffs’) to tender evidence by way of affidavit, acceded to the request of the respondents/defendants (hereinafter, ‘defendants’), to lead evidence qua issue No. 8, prior to leading evidence on other issues.

2. For having a bird’s eye view of the matter, facts, relevant for the adjudication of the case at hand are that the plaintiffs filed a civil suit for declaration under S.34 of the SPECIFIC RELIEF ACT , declaring the gift deed No. 198 of 2007, dated 8.2.2007 registered with Sub Registrar (Rural) Shimla, executed by defendant No.1 in favour of defendant No.3 qua 150/3467 share in specific Khasra No. 44, to be not binding upon the right, title or interest of the plaintiffs, for the reason that the gift deed of specific Khasra No. 44 is not legally permissible out of joint holding/Khewat, wherein there