- (1.) VIDE order under challenge, application of the defendant to treat issue No. 4, i.e., issue regarding jurisdiction, as a preliminary issue, was dismissed. Court below, by noting divergent stand taken by the parties, has held that the said issue can not be decided as a preliminary issue, as the decision thereon would definitely require recording of evidence. This Court is of the view that the order passed is perfectly justified. No case is made out for interference. Dismissed. Parties are directed to appear before the trial Court on May 29, 2006.;