RAM LAL Vs. MAHATMA DARSHAN AMAR ANAND

JUDGEMENT

(1.) This revision petition raises an interesting question how far is the Court bound to decide an issue as a preliminary issue ?

(2.) Petitioner is facing a suit for eviction. Following two issues were framed by the trial Court and treated as preliminary issues :

(3.) Subsequently, respondent-plaintiff filed an application praying that these two issues be not treated as preliminary issues. His application was allowed. Petitioner is ag-grieved of this and has filed this revision petition. He says that trial Court should have treated these issues as legal issues and should have decided these as preliminary issues. This in short is controversy involved in the present petition.