- (1.) This is a defendant's application in revision directed against an order passed by the learned Civil Judge, Mirzapur dated 2-2-1976, directing that certain issues namely issues Nos. 1 and 2 be decided along with other issues framed in the suit after parties have had led evidence in the case.
(2.) It appears that a suit was filed by the plaintiff-opposite party against the defendants-applicants for recovery of Rs. 1.00,000/- against the defendants- applicants jointly or severally. Certain issues were framed bv the trial court. They are issues Nos. 1 and 2 of the issues framed and are as follows: 1. Issue No. 1: Whether this Court has no jurisdiction to try the claim 2. Issue No. 2: Whether the suit is barred by Sections 26, 27 and 29 of the Industrial Disputes Act The trial court fixed 22-1-1976 for disposal of issues Nos. 1 to 3 before other issues. Issue No. 3 was whether the suit was bad for multifariousness of parties and misjoinder of causes of action. The trial court heard learned counsel for the parties on issues Nos. 1 to 3 and came to the conclusion that having regard to the controversy involved in the case, it was a fit case where a decision on issues Nos. 1 and 2 should be postponed till oral evidence has been led by the parties and that these issues should be disposed of along with other issues framed in the suit. As regards issue No. 3 learned counsel for the defendants-applicants made a statement that they were not pressing the same. It was accordingly disposed of by the learned Civil Judge answering the said issue against the defendants-applicants.
(3.) The Revision is directed against the aforesaid order passed by the learned Civil Judge deciding to dispose of issues Nos. 1 and 2 along with the other issues.;