RAJESH KUMAR Vs. GHOLU RAM

JUDGEMENT

(1.) THIS order will dispose of Civil Revision Nos. 1733 and 1734 of 1992 as the point involved in the two petitions is precisely the same.

(2.) PLAINTIFF -petitioner filed a suit for permanent injunction against the defendant-respondents on the allegations that Gholu Ram defendant No. 1 entered into agreement with him to sell a share in the petrol pump vide agreements dated 6th October, 1987 and 8th September, 1988. The plaintiff paid him a sum of Rs. 53,000.00 on each of the two occasions. The defendant was to get the agreements registered and time for that purpose was also extended. Further allegations is that the defendant failed to perform his part of the agreements and is now taking steps to alienate the suit property in favour of the other defendant.

(3.) AFTER framing of the issues, the defendants moved an application that issue No. 5 be ordered to be treated as a preliminary issue. The trial Court after hearing learned counsel for the parties allowed the application by its order dated 18th April, 1992 and ordered that issue No. 5 be treated as a preliminary issue. It is this order of the trial court which is under challenge in these revision petitions.