BHAGIRATH DAS Vs. BANK OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner has challenged the order dated 15.6.1988, declining the prayer for treating the following issue as preliminary :

(2.) The trial court did not dispose of the application dated 11-2-1988 filed by the petitioner defendant No. 4 for treating the aforesaid issue as preliminary issue and kept the application in abeyance.

(3.) By reading the impugned order. I find that no reason has been given for keeping of the application in abeyance and not disposing of the issue as preliminary issue. Order passed being a judicial order, cannot be sustained as it a non-speaking order.