SADHU SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) THESE two petitioners are being disposed of by a common order since identical questions of law are involved in these cases.

(2.) BRIEFLY stated the facts of the case are that the petitioners, hereinafter referred to as the plaintiffs, filed two suits, against the respondents, hereinafter referred to as the defendants, on a similar cause of action. After the defendants filed written statement, issues in both the suits were framed on 27.6.2005. After the issues were framed, one of the cases was adjourned for recording of the plaintiffs ' evidence on 13.9.2005 and the other case was fixed for PWs on 9.9.2005. It appears that the witnesses of the plaintiffs were not present and thereafter the defendants filed applications in both the cases that some of the issues be treated as preliminary issues. Both the applications were disposed of by a similar order and the learned trial Court held that issues 2 to 5 should be treated as preliminary issues. These orders are under challenge before this Court in the present petitions.

(3.) TO understand the question raised in these petitions, it would be appropriate to refer to Order 14 Rule 2 CPC which reads as follows: