CMPMO 237 of 2007. 24.7.2008 Present: Mr. Deepak Kaushal, counsel for the petitioner. Mr. Neeraj K.Sharma, counsel for respondents 1 to 3. The petitioner is aggrieved by the order passed by the learned trial Court in an application filed under Order 7 rule 11 of the Code of Civil Procedure praying for treating issue No. 9 pertaining to the subject matter/ valuation of the appeal as a preliminary issue. The learned Court on a consideration of the entire material on record, by a detailed order, dismissed the application. The petitioner defendant assails the order on a number of grounds. I have heard the learned counsel for the parties. This is not a fit case in which I should be exercising my powers under Article 227 of the Constitution of India. Having invited a finding on issue and having been granted full opportunity to prove his case, the petitioner cannot make any grievance of the order rejecting his application. It would be open to the petitioner to urge this ground in appeal and to show as to whether any prejudice has been caused to the petitioner-defendant by the trial of the suit. This petition is accordingly disposed of. Pending application(s) shall also stand disposed of. July 24, 2008 (PC). (Dev Darshan Sud), J.