MULKH RAJ Vs. MADAN MOHAN

JUDGEMENT

(1.) The petitioner is the defendant in a suit filed by the respondent before the Court of learned Sub-Judge (Additional Special Mobile Magistrate), Udhampur (hereinafter referred to as the trial Court ) for ejectment of the petitioner from a shop situate at Gole Market, Udhampur. For facility of reference, the petitioner and the respondent in this petition shall hereinafter be referred to as the defendant and the plaintiff respectively. The defendant is aggrieved by an order dated 09.09.2017 whereby the part statement of the plaintiff through his counsel under Order 10 of CPC has been recorded as also order dated 17.01.2018 whereby the issues have been framed by the learned trial Court. The defendant is also aggrieved of order dated 21.08.2018 whereby the application for reframing of issues filed by the defendant has been dismissed by the trial Court.

(2.) All the three orders aforesaid are neither appealable, nor revisable under the Code of Civil Procedure and, therefore, in lieu thereof, the petitioner has invoked the power of superintendence of this Court vested under Article 227 of the Constitution.

(3.) Before dealing with the specific challenge taken by the petitioner to the impugned orders, it is appropriate to notice few facts which are material for the disposal of this petition.