HIGH CQURTOFCHHATTISGARHATBILASPUR W^P.J227)No. 564TOF ^011 PETITIONER DEFENDANTNO. 2 RESPONDENTS PLAINTIFF DEFENDANT N0. 1 VERSUS 1. 2. Sanjay Khetan, age 42 years, son of L.P. Khetan, resident of Choube Colony Raipur. Raees Khan S/o Hatim Khan, Partner S.K. Iron 85 Steel Industries, R/o Maudhapara, Raipur(C.G.) S.K. Iron & Steel Works Industriai Area Goi^dwara, Ring Road Urla, Registered Office C/o Ranisati Markef, Shop No. 1, Jairam Complex, M.G. Road Raipur. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. G.D, Waswani, Advocafe for the petitioner. Respondents not noticed. ORDER (Passed on 22/09/2011) 1. By this petition under Article 227 of the Constitution of India petitioner has challenged the legality andi propriety of the order dated 1/3/2011 passed by First Civil Judge Class-Ii, Raipur (C.G.) in Civil Suit No. 12-A/2009 whereby application for deletion of additional issue No. 5A has been dismissed by the Court below. . 2. Mr. G.D. Waswani, Advocate for the petitioner is heard. 3. ,Additional issue No. 5A& 5B perused which are as follows:- 5 3T. ^rar u 1d ci i cft c^d-li c^ 1 TTaftc^cT 9TTc?fteT^ ^5^ % j 5GT. ^rf^ oT^T "cft ^raT 3-TTcjft^TTft' STRrf^raW 1 932 clft' £TRT 69 (1 ) c^ cT^cT cTT^f c^ cTT^ / •qt(sruf|-3T -c^ % [ 4. IssueNo.SB appears to be issue based on law i.e. preliminary issue and Court is required to decide issue No. 5B as preliminary issue. Consequently,with the observatiQn that Court below shall decide issue No. 5B along with 5A as a preliminary issue, petition stands disposed of. No order as to costs. Sd/- T.P. Sharma Judge ^/- yi,;n..,