IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 2073 of 2009 Date of Decision: 22.4.2009. Jagdev Singh and another --Petitioners Versus Sukhwinder Singh @ Sukhmander Singh --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Amit Dhawan, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) The present revision is directed against the order dated 28.2.2009 whereby the Trial Court has rejected the contention of the present petitioner to treat issue no.3 as preliminary. I have carefully gone through the impugned order. The respondents filed a suit for recovery of the theka amount regarding the suit land on the ground that the land was given on theka for a period of one year. Present petitioner in the suit denied the allegations and pleaded that the Civil Court has no jurisdiction. The Trial Court has categorically held that the issue cannot be decided without the evidence. During the course of arguments, learned counsel for the petitioner was specifically asked whether the issue can be decided without evidence and his reply is evasive. It appears that the issue no.3 cannot be decided without evidence and it is a mixed question of facts and law. The Trial Court has rightly rejected the contention of the petitioner to treat the issue as preliminary. Order 14 rule 1 require the court to pronounce judgement on all issues. However, sub rule 2 provides that when the court is of opinion that suit can be disposed of on an issue of law only it may treat that issue as preliminary. Civil Revision No. 2073of 2009 -2- In the present case, finding of the Trial Court that the issue no.3 involves evidence being mixed question of facts and law and thus cannot be treated as preliminary is fully justified. No merit, petition dismissed. (PERMOD KOHLI) JUDGE 22.4.2009 lucky