SANJEEV PRAKASH SHARMA,J. - (1.) The order impugned dated 29.02.2012 is with regard to the action of the trial Court in placing the matter directly for arguments without allowing to lead evidence relating to issue No.2 which has been made a preliminary issue.
(2.) Learned counsel for the petitioner submits that while he has no objection in deciding the issue No.2 as a preliminary issue, the order needs to be corrected to the extent that the Trial Court ought to have allowed parties to lead evidence relating to issue No.2 and it is only thereafter the case should have been listed for arguments on the said issue.
(3.) Learned counsel relies on order passed by this Court in SB CWP No.9595/2012 where this Court has clarified position. He also relies on judgment reported in 2012 (4) CDR 2259 (Raj.): Harish chandra v. State of Rajasthan and Ors. whereto similar observations have been made.;