IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17105 of 2011 Usha Rai & Ors Versus Shyam Lal Vyas & Ors ---------------------------------- 05. 28.11.2011 Heard the learned counsel for the petitioners. The defendants have filed this application under Article 227 of the Constitution of India against the order dated 6.6.2011 passed by Subordinate Judge-4th Bhagalpur in Title suit No. 200 of 1970 whereby the learned court below rejected the application filed by the petitioners for re-cast of the issues already framed in the suit. The learned counsel for the petitioners submitted that the issues raised by the petitioners are not covered under issue No.4 already framed. From perusal of the impugned order it appears that the learned court below after perusing the issues suggested by the petitioners and the issues already framed came to the conclusion that all the issues suggested by the petitioner is covered under issue No.4. In such view of the matter, the impugned order cannot be interfered with in the supervisory jurisdiction. However, it is made clear that whatever point available to the petitioners that may be raised in the suit that may be considered by the Court below at the time of final hearing. With the above observation, this writ application is disposed of. S.S. (Mungeshwar Sahoo,J.)