( 1 ) THIS is a revision filed by the plaintiff against the order passed in I. A. No. 94 of 1974 in O. S. No. 237 of 1971 by the Subordinate Judge, Rajamundry, whereby he wanted to take up a preliminary issue. The learned counsel for the petitioner contended that the lower Court could not have heard the preliminary issue first as it requires some evidence to be recorded. To understand the above argument, it is necessary to state the brief facts of the case.

( 2 ) THE plaintiff is a registered firm and deals in fancy goods at Rajamundry. The defendant is the manufacturer of sewing threads etc. The plaintiff was appointed as a Distributor for the East and West Godavari Districts excluding Tuni for the supply of the defendants sewing threads under a letter dated 20th January, 1965, for which there was an oral agreement at Rajamundry dated 15-1-1965. The plaintiff is entitled to a commission of 5% on all the orders received executed and completed. The said agreement was for three years but subject to renewal. The agreement was not renewed. Even then, the plaintiff continued to work as a Distributor till 15-8-1968 under the oral terms with the defendants representative