SAT PAUL Vs. HANS RAJ SHARMA

JUDGEMENT

(1.) BOTH these two revision petitions raise a common question of law as to the interpretation of the amended provisions of order14 Rule (2) of the Code of Civil Procedure regarding trial of a preliminary issue, Revision Petition No. 79 of 1985 challenges the order passed by Sub -Judge (C. J. M.). Jammu on April 26, 1985 admitted by this court on May 10, 1985 and Civil Revision Petition No. 87 of 1985 challenges the order passed on the same date and under the similar set of circumstances by the same Judge admitted by this court on May, 18, 1985 subsequent to the admission of the first Revision Petition, in which a further pray is made to sent for the record of other eleven cases of which the reference has been made in Paragraph 4 of the Civil Revision -Petition. Both the revisions are, therefore, heard and disposed of together by a Single Order.

(2.) IT is not disputed that the plaintiff, respondent fifed a suit for eviction of the suit premises against the petitioners. The suit is contested by the defendants/petitioners herein, on the pleadings of the parties as many as eleven issues are framed by the trial court for the trial of the suit. Out of the said issues, issue No. (ii) relevant for the disposal of the present revision petitions is as follows: - "(ii) Whether the provisions of S. I. (3) (iii) of J&K Houses and Shops Rent Control Act are violative of Article 14 of the Constitution ? If so what is its effect on suit? O. P. D. The learned trial court after framing the above said issues directed the parties to file the list of their witnesses within fifteen days and the plaintiff will obtain the summons - first. It is also noted by the learned trial court that learned counsel for the defendant has submitted that issue No. 2, which pertains to the illegality of Section 1 (3) (iii) of J&K Houses and Shops Rent Control Act, should be treated as preliminary issue. The learned trial court by the orders impugned refused the prayer of the defendants/petitioners holding that the said issue does not conclusively decide the suit and held: "As such in my opinion issue No. 2 is not of preliminary nature and shall be taken up alongwith other issues. File shall come up for plaintiffs evidence on 20th May, 1985."

(3.) THE petitioners being aggrieved against the said order have filed these two revision petitions under Section 115 of the Code of Civil Procedure.