C.R.No.5152 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5152 of 2009 Date of Decision : 09.09.2009 Dr. Rajnish Singh and others ...Petitioners Versus Union of India and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. M.K.Verma, Advocate, for the petitioners. HEMANT GUPTA, J. (ORAL) Challenge in the present revision petition is to the order passed by the learned trial Court on 26.5.2009, whereby an application filed by the defendant-petitioners to decide the preliminary objections, was dismissed. A perusal of the application Annexure P-6 shows that the defendants have alleged that the suit is not maintainable for the reasons mentioned in Para 4 of the application. The learned trial Court found that the issue with respect to the maintainability of the suit has already been framed, but instead of cross-examining the plaintiff, an application has been filed. The objections taken in the written statement require evidence and that the application has been filed only to delay the proceedings. During the course of hearing of the present petition, the learned counsel for the petitioners has argued that issue Nos.3, 4, 8 & 9 should be treated as preliminary issues. However, perusal of the said issues show that issue Nos.3, 4 & 9 are mixed questions of law in fact, whereas issue C.R.No.5152 of 2009 2 No.8 is question of law on the basis of facts proved on record. Therefore, none of the issues could be treated as preliminary objections. It has been rightly so found by the learned trial Court. In view of the above, I do not find any patent illegality or irregularity in the order passed by the learned trial Court, which may warrant interference by this Court in the present revision petition. Dismissed. 09.09.2009 (HEMANT GUPTA) Vimal JUDGE