R.S. Chauhan, J. - (1.) THE petitioner -defendant is aggrieved by the order dated 21.2.2014 passed by the Additional District Judge No. 11, Jaipur Metropolitan whereby the learned Judge has dismissed the application filed by the petitioner under Order 14, Rule 2(2) read with Section 151 CPC for deciding the issue No. 19 as preliminary issue to the suit.
(2.) MR . N.K. Maloo, the learned senior counsel for the petitioner, has contended that in the plaint, the respondent -plaintiff had shown his age as thirty years, but in the affidavit, he had shown his age as forty years. Therefore, taking that the plot in dispute was allotted to him in 1981, he must have been a child of 8 -9 years. Thus, he was a minor when allegedly he became a member of the cooperative society for allotment of the plot. Secondly, according to the provisions of the Cooperative Societies Act, a minor cannot become a member of the cooperative society. Therefore, the issue No. 19 which relates to legality or illegality of allotment of plot to the plaintiff in case he were a minor, should have been decided as a preliminary issue. However, the learned Judge has dismissed the application without any sufficient reason.
(3.) THIRDLY , the suit has been pending since 2003. The petitioner is not being permitted to raise any construction on the property in dispute. In case the issue No. 19 were decided as a preliminary issue, it would finally decide the suit itself, thereby paving the way for the petitioner to start the construction.;