JUDGMENT :

1. Heard Mr. R.N. Sahay, learned senior counsel appearing on behalf of the petitioner and Mr. Yogesh Modi, learned counsel appearing on behalf of the respondents.

2. The petitioner has preferred this writ petition for setting aside the order dated 15.05.2015 passed by the Civil Judge (Sr. Division)-III, Giridih in Title Suit No.86 of 2004 whereby he has been pleased to allow the defendant’s petition dated 09.04.2015 for addition of two more issues.

3. Mr. R.N. Sahay, learned senior counsel appearing on behalf of the petitioner submits that the issues which has been framed by the impugned order is not the subject matter of the suit. He further submits that the suit was filed for specific performance of contract which is between two contesting parties i.e., plaintiff and defendants.

He further submits that in view of the Order XIV Rule 1 sub-Rule (2) of C.P.C. it is the requirement of the law that material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.

By way of referring to the averments of the plaint as well as the written statement filed by the res