IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5578 of 2008 Date of decision: 6.2.2009 Sarup Singh ...Petitioner Versus M/s Brij Lal Surinder Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. I.P.Singh, Advocate for the petitioner. Mr. Ranjan Bansal, Advocate for respondent S.D.ANAND, J. It is apparent from the pleadings of the parties that defendant- petitioner challenged the maintainability of the suit in the course of the preliminary objection No. 8 and also 12. The learned Trial Court framed an omnibus issue with regard to maintainability of the suit in the present form. This issue shall take care of both the preliminary objections aforementioned. Learned counsel for the defendant-petitioner states that he reserves liberty to raise a plea before the learned Trial Court that the issue aforementioned may be treated as a preliminary issue, particularly in the context of the plea taken up in the course of the preliminary objection no.8. The petition shall stand dismissed. It will be for the defendant- petitioner to raise whatever plea he wants to raise before the Trial Court which shall dispose of that plea, completely unfettered by the dismissal of the petition by this Court. The stay order dated 21.10.2008 shall stand vacated. The vacation of stay order shall be communicated to the Court concerned forthwith. February 06, 2009 (S.D.Anand) Pka Judge