PANIGRAHI, C. J.

( 1 ) THIS is an application under Section 115, Civil P. C. , against an order of the subordinate Judge, Cut-tack, calling upon the defendants in a suit for defamation to begin their case. The plaintiff opposite party filed the suit for defamation claiming Rs. 1 lakh as damages, for alleged libel on his reputation caused by certain writings in the "matrubhumi" of which the defendants are the Editor and the Publisher. The defendants' case is that these publications do not constitute libel; they also plead, in the alternative, fair comment, privilege and justification by truth. These being the allegations and the counter-allegations, the trial Court framed issue No. 4 as follows: "is the plaintiff entitled to recover damages from the defendants; if so how much and from whom?" sometime later, on an application made by the plaintiff, the learned Subordinate judge framed some additional issues. Issues No. 4 and 5 as thus framed read as follows:

"4. Whether the articles referred to in the plaint and the extract quoted therein were published" maliciously? 5. Whether the articles referred to in the plaint and the extracts quoted therein constitute libel on the plaintiff?"