IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.48 of 2009 (O&M) Date of Decision: 8.1.2009. Pawan Kumar ....Petitioner Versus Neeraj Joshi ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.N.D.Achint, Advocate for the petitioner. RAJESH BINDAL, J. **** Challenge in the petition is to the order passed by the learned Court below whereby the application filed by the petitioner under Order 14 Rule 2 CPC for treating Issue No.11-A as additional issue and decide the same as preliminary was dismissed. A perusal of record shows that issues in the present case were framed on October 30, 2005. The additional issue was also framed on March 8, 2007 which is to the effect that whether their exists no relationship between the parties as that of lessor and lessee, which is necessarily mixed question of law and facts for which evidence will have to be gone into. Such an issue cannot be treated as preliminary issue. No error of jurisdiction can be found in the order. Accordingly, the revision petition is dismissed. (RAJESH BINDAL) 8.1.2009 JUDGE Reema