R GOPALAKRISHNAN Vs. ULAGANAYAGI

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of the learned II Additional District Munsif, Tirunelveli dated 26.8.2004 in I.A.No.228 of 2004 in O.S.No.252 of 2004.

(2.) THE petitioners herein, who are the petitioners in I.A.No.228 of 2004 and defendants 1 and 2 in O.S.No.252 of 2004, has filed the said I.A. to raise and hear the following preliminary issues:-

(3.) PER contra, Mr.G.Sridhar, learned counsel appearing for the respondent, has contended that preliminary issues sought to be decided at the first instance as mentioned in the application cannot be decided independently and all the issues raised in the suit have to be decided in toto and there cannot be any partial hearing of only few issues. Thus, according to the learned counsel for the respondent, the preliminary issues, which the petitioners want the trial court to decide at the first instance, cannot be decided at the first instance without deciding the other issues in toto.