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The suit has been filed for eviction of the defendant (petitioner in this writ application) on the ground of personal necessity and default in payment of rent. The defendant appeared in the suit and filed his written statement and thereafter the court framed the issues on 20.01.2003. It also appears that the issues were recast on 18.12.2012. The petitioner who was the defendant in the suit did not raise objection at any stage after 20.01.2003 that another issue regarding the maintainability of the suit under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'BBC Act') was also involved. The judgment and decree of eviction thereafter was passed against the defendant and the appeal has been filed against the same. At the stage of argument, a petition was filed on behalf of the defendant-petitioner praying to frame certain issues as mentioned in the petition including the issue regarding the maintainability of the suit under the provisions of BBC Act. The learned court below, by the impugned order, has passed the order for consideration of the said prayer at the time of decision of the suit.