SCORPIOS INTERNATIONAL Vs. SARAF AGENCIES LTD

JUDGEMENT

(1.) SCORPIOS International brought a suit for possession by way of specific performance of an agreement and for declaration in respect of the property in dispute. It was contested by the defendants. The trial Court framed certain issues arising from the pleading of the parties. One of the issues relates to the maintainability of the suit. It reads as under :

(2.) THE defendant moved an application for treating the issue No. 4 as preliminary issue. It was allowed by the learned Civil Judge (Senior Division) Faridabad on January 16, 2001. This order is, therefore, under challenge in this revision.

(3.) MR . I.K. Mehta, learned Counsel for the petitioner has assailed the impugned order mainly on the ground that the plea covered under Issue No. 4 cannot be decided independently because it is dependent upon evidence. It being mixed question of law and fact, requires to be dealt with along with other issues. On the day when the issues were framed, the defendant was unable to raise any objection that Issue No. 4 may be treated as preliminarily. In fact, issues were framed on August 8, 1999. The case was adjourned for evidence of the plaintiff on different dates.