ORDER :- The opposite party has instituted Money Suit No. 8 of 1968 against the petitioner. That suit is for a decree for Rs. 500/- as damages for defamation.

2. Issues were struck in the suit and the trial began from 28th October, 1969. Witnesses for the parties were examined. On 3-11-1969, the evidence was closed. The learned trial Judge passed the following order :

"Further hearing resumed. Examined and cross-examined D. W. 2 Lambodar Lakra and D. W. 3 Gangadhar Rana. Exts. A to A (2) are marked. Evidence of defendant is closed as he declines to adduce further witness. Since the plaintiff is entitled to adduce rebuttal evidence on Issue No. 5 Bisa Boi and Sindhu Kumari are examined and cross-examined as P. Ws. 2 and 3. Since they want to argue further on point of law, call on 4-11-1969 for further arguments."

3. The matter was adjourned on the 4th November, 9th and 11th November, 1969 and on the further adjourned date of 15-11-1969, the plaintiff made an application to add an issue on the publication in Kansar locality. The learned trial Judge heard parties on that prayer and passed an order on 27-11-1969. Ultimately he directed another issue to be raised to the following effect :-