1 CRA 321/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 321 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Sanjay Patil for the petitioners. Mr. Ashok B. Tajane for respondent nos. 2 and 3. Mr. Shrishail Sakhare for respondent no.1. CORAM : D.G. KARNIK, J DATE : 12TH JULY 2011 P.C. : 1. The revision application is liable to be dismissed for more than one reason. Firstly, the revision application is not maintainable in view of proviso to section 115 of the Code of Civil Procedure (for short “the Code”). Secondly, the revision application is 2 CRA 321/2011 directed against an interlocutory order rejecting the defendant’s request for framing of a preliminary issue. Under Order 14 Rule 2(2) of the Code, the Court has a discretion to frame and hear any issue as a preliminary issue. The Court normally does not in exercise of its discretion try an issue as a preliminary issue of fact requiring evidence to be produced by the parties as that would amount to piecemeal trial. In the present case, the Court has exercised the discretion of not framing the preliminary issue and in the absence of any perversity in exercising such a discretion, the decision cannot be interfered with. Revision application is rejected summarily. Hearing of the trial is expedited. (D.G. KARNIK, J.)