VEDPAL,J. - (1.) THIS revision under Section 115 of the Code of Civil Procedure has been filed by Defendant-Revisionists against the order dated 4th May 2000, passed by Sri S.C.Mishra, the then VII Additional District Judge, Rae Bareli in Original Suit No. 7 of 1990 Kamlakar Bajpai and others Vs. Ram Ji and others, whereby application of the revisionists for deciding issue nos. 7 and 8 as preliminary issues was rejected..
(2.) BRIEF facts, relevant for the decision of this revision are that in Original Suit No. 7 of 1990 Kamalakar Bajpai and others Vs. Ram Ji and others, on the basis of pleadings of the parties' issues were framed on 14.10.1998. Issues nos. 7 and 8 were to the following effect :- "7.Whether the suit under Section 92 of the C.P.C. is not maintainable against the defendants? 8.Whether this court has got no jurisdiction to hear the suit?" On 4.4.2000, when the suit was fixed for final hearing, the defendants moved an application for deciding issue nos. 7 and 8 as preliminary issues. Learned court below after hearing the parties held that at this stage prima facie, it cannot be held that the suit does not relate to public trust and it is a matter to be decided on the basis of the evidence of the parties and the issues require evidence of the parties and as such these issues cannot be decided as preliminary issues. The defendants application was rejected by the trial court vide order dated 4.4.2000. Feeling aggrieved with the said order, the defendants have filed this revision.
(3.) I have heard learned counsel for the revisionists and perused the impugned order along with the record of the case carefully. None appeared for the opposite parties.;