ASHUTOSH KHATRI Vs. PANKAJ KHATRI,

JUDGEMENT

(1.) This writ petition is directed against the order dated 22-4-2019 by which the trial Court has rejected the application filed by defendant No.1 / petitioner declining to try issue Nos.3 and 4 regarding valuation of suit and regarding the pecuniary jurisdiction of the court as preliminary issues holding that they will be decided after recording evidence of parties.

(2.) Miss Sharmila Singhai, learned counsel appearing for the petitioner / defendant No.1, would submit that the trial Court is absolutely unjustified in rejecting the application to try those issues as preliminary issues that goes to the root of the matter and therefore it ought to have tried the said issues as preliminary issues, as such, the impugned order deserves to be set-aside.

(3.) Mr. Dev Ashish Biswas, learned counsel appearing for respondent No.1 / plaintiff, would support the impugned order.