Anil Kumar, J - (1.) HEARD Sri G.S. Nigam,learned counsel for the petitioner and Sri Nripendra Mishra, Advocate holding brief of Sri Manish Kumar, learned counsel for the respondents.
(2.) BY means of the present writ petition the petitioner has challenged the impugned order dated 26.7.2010 (Annexure-1) and 6.4.2010 (Annexure-4) passed by O.P. Nos. 1 and 2 respectively. Facts in brief, submitted by Sri G.S. Nigam, learned counsel for the petitioner are that Smt. Ram Shree plaintiff/O.P. No. 3 who is daughter in-law of the petitioner filed a suit for cancellation of a sale deed registered as Regular Suit No. 58 of 2007, Ram Shree v. Smt. Thakura Devi, in the Court of Additional Civil Judge (Jr.Div.) Court No. 1, Sitapur, petitioner was impleaded as respondent in the said suit, and she filed a written statement inter alia taking a plea that the Civil Court has no jurisdiction to entertain the suit in question in view of the bar as provided under Section 331 of U.P Zamindari Abolition and Land Revenue Act. Further the issues were framed in the suit by the trial Court and issue No. 5 is to the effect that:
(3.) AFTER hearing the counsel for the parties the trial Court /O.P. No. 2 by means of the judgment and order dated 6.4.2010 (Annexure-5) held that the issue No. 5 is a mixed question of law and fact which requires evidence to be decided and the same can be done only after recording the evidence from both the sides, as such refusal to decide the same as preliminary issue. Aggrieved by the said order, petitioner filed a revision, dismissed by the O.P. No. 2 vide judgment and order dated 26.7.2010 with the observation : "/ have gone through the relevant provisions under Order 14 Rule 2(1) C. P. C. it is provided therein that even though a case may be disposed of on a preliminary issue, the Court shall subject to the provisions of sub Rule 2(2) pronounce judgment on all issues. Rule 2(2) provides discretionary power of Court to decided the issue with regard to jurisdiction first. The learned Civil Judge has considered the matter and found it expedient to decide the issue with regard to jurisdiction alongwith other issue. The order does not violate any provisions of law." ;