(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the order dtd. 15/3/2022 passed by the th learned 5 Additional Civil Judge (J.D.), Vadodara, upon framing of issue as under :
(2.) Learned Counsel Mr. Rushabh H. Shah with learned advocate Mr. Rohan Shah for the petitioners has urged that wherever and whenever there is pure question of law then only, the learned Civil Court can frame the preliminary issue.
(3.) Pursuant to the order dtd. 15/3/2022, wherein the learned Civil Judge has stated and narrated in the order below Exh.1 that on 14/3/2022, learned advocate Mr. B.V. Goswami has remained present before this Court and the learned advocate was heard with regard to the plaint, cause of action and relief claimed. th