1. The petitioner/defendant No.2 has filed this petition against the order dated 31.10.2012 whereby his application preferred under order 14 rule 5 CPC (Annexure P/7) and application under Order 6 rule 17 C.P.C. (Annexure P/8) were rejected by the Court below.

2. In a suit filed for declaration and permanent injunction the petitioner filed an application under Order 7 rule 11 CPC. This application was rejected by the Court below on 26.4.2012 (Annexure P/3). On 21.7.2011, the petitioner filed his written statement. He raised objections regarding maintainability of suit and non-availability of cause of action. He also raised objection on the ground of limitation. It is further contended that as per Order 2 rule 2 and as per section 34 of the Specific Relief Act, the suit is not maintainable. Written statement is filed as Annexure P/4. The trial Court, thereafter framed seven issues. Feeling dissatisfied and aggrieved by the issues so framed, petitioner preferred an application under Order 14 rule 5 CPC. The trial Court by the impugned Order dated 31.10.2012 rejected the said application.

3. Shri D.D. Bansal, learned counsel for the petitioner, criticized this Order and contended