( 1 ) HEARD learned counsel for the parties.

( 2 ) THIS petition challenges the order dated 5. 12. 05 passed by the Appellate Court whereby the petitioners application for re-casting the issues framed at the trial stage has been rejected.

( 3 ) A suit for declaration of title and restoration of possession was filed before the regular Civil Court in which in certain paragraphs of the plaint it was pleaded that the defendant No. 1 was inducted as a tenant on the disputed premises and he defaulted in payment of rent. Subsequently, the defendant petitioner also denied the title of the plaintiff-respondent in the property and thus arose an occasion for filing the suit. The respondent-plaintiff also sought relief for recovery of arrears of rent from the petitioner-defendant. During the pendency of the suit, on filing of the written statement by the defendant, it was disclosed that the property in question had been transferred through registered sale deed by defendant No. 1 in favour of the respondent Nos. 2 and 3. The suit was tried as a regular suit and it was decreed and the appeal under Section 96 of c. P. C. was preferred before the District judge, which is still pending disposal.

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