1. Aggrieved by order dated 29.09.2015 whereby, application under Order XIV Rule 5 r/w 151 CPC has been rejected, the present writ petition has been filed.

2. Briefly stated, Eviction Title Suit No. 07 of 2010 was filed under Section 11 (1) (c) r/w Section 14 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982. In the eviction suit the petitioner is one of the contesting defendants. After the parties closed their evidence, application dated 01.07.2015 was filed for framing the following additional issues:-

(a) Is the suit hit by the law of res-judicata and Estoppel under Order XXIII Rule 1(4) (b) and Section 30 of the B.B. (L.R. & E) Control Act or Jharkhand B (L, R, & E)) Control Act?

(b) Is the suit bad for mis-joinder of parties?

(c) Whether the plaintiff no. 1 Shambhu Dayal Singh has a right, title or interest over suit property or whether he is only a Rent Collector?

3. The said application has been dismissed vide order dated 29.09.2015. In the plaint, the plaintiffs admitted that the plaintiff no. 1 had filed a suit for eviction of Awadh Swaroop Khare, the predecessor-in-interest of the defendants on the ground of his personal necessity. The suit was dismi