This revision is filed against. the order passed by the trial Court whereby directions have been given to adduce evidence on the application under order 1 rule 10 CPC and for taking a 'Will' on record.

A civil suit for eviction was filed by Ramkatori Bai. Ramkatori Bai pleaded in her plaint that the suit premises is required bona fide for the need of her son Jagdamba Prasad. Written-statement was filed by defendant No.2 to 6 and defendant No. 1 was proceeded ex-party.

During trial, Ramkatori Bai died on 20.7.1998. After the death of Ramkatori Bai, an application under order 22 rule 3 CPC was filed on behalf of her son Jagdamba Prasad (petitioner in this revision). An application was filed by the defendants alleging therein that the 'Will' filed by the petitioner is a forged document. The defendants, however, raised a plea that they are tenants of Radheshyam. On the application under order 22 rule 3 CPC. trial Court has evolved a novel procedure and directed parties to lead evidence on the 'Will' thereby trial Court itself has protracted the trial. While the application under order 22 rule 3 CPC was under consideration another application was filed by one Radhes