T P SANGHVI Vs. OM PARKASH

JUDGEMENT

(1.) THE plaintiffs filed a suit for the recovery of Rs. 99,500/- on the basis of the goods supplied under a contract dated 14. 5. 1982 to the defendant-petitioner. The suit was contested by the petitioner on various pleas amongst others that the civil Court at Ludhiana had no jurisdiction to try the suit in view of the contract entered into between the parties.

(2.) THE trial Court framed the following issues arising out of the pleadings of the parties:

(3.) AT that stage, the defendant-petitioner served an application under Order 14 Rule 2 of the Code of Civil Procedure praying therein that the issue of jurisdiction i. e. issue No. 1 be treated at a preliminary issue. The trial Court vide order under revision declined to grant the prayer of the defendant-petitioner and posted the case for rebuttal evidence on issue No. 3 and for arguments. It is against this order that defendant No. 1 has filed the present revision petition.