WPMS No. 1499 of 2009 Hon. Prafulla C. Pant, J. Heard Shri Ramji Srivastava and Vaibhav Jain, Advocates for the petitioner. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 24.07.2009 and order dated 18.08.2009, passed by the trial court (Judge Small Cause Courts/Additional District Judge, Ist Fast Track Court, Dehradun), in S.C.C. Suit No. 31 of 2007 to the extent that the trial court has declined to frame further issues and to decide one of the issues, as a preliminary one. Code of Civil Procedure, 1908, nowhere requires the Judge Small Cause Courts to frame issues in a S.C.C. suit. What is required under the law by Judge Small Cause Court, is that it has to state in its judgment, points of determination and findings thereon. As such, if the trial court has declined to formulate any further issues, it cannot be said that said court has committed any error of law. As far as, deciding any of the issue, as a preliminary one, is concerned, that also applies to the regular suits. Apart from this, even in the regular suit, it is purely the discretion of the trial court to take up any issue, as a preliminary issue or to decide it along with other issues at the time of final hearing. For the reasons, as discussed, this petition is devoid of merits. The writ petition is dismissed summarily. (Stay application No. 7707 of 2009, also stands dismissed). (P. C. P., J.) Dt. 04.09.2009 S