1. This civil revision petition is filed under Article 227 of the Constitution of India challenging the order dated 12.6.2013 passed on Memo in O.S. No. 28 of 2006 on the file of the Court of Junior Civil Judge, Gannavaram. The petitioner is the defendant and the respondent is plaintiff in O.S. No. 28 of 2006. For the sake of convenience, the parties are hereinafter referred to as they are arrayed in the suit.

2. The plaintiff filed the suit for specific performance basing on the agreement of sale dated 09.7.2000 and consequential perpetual injunction. The defendant filed written statement denying the very nature of the document dated 09.7.2000. The plaintiff filed Memo before the trial court with a prayer to direct the defendant to begin the trial for which the defendant filed objections. However, the trial Court over-ruled the objections and directed the defendant to begin the trial. Hence, the defendant filed the present revision petition.

3. The contention of learned counsel for the petitioner-defendant is four fold: (1) the finding of the trial court that the defendant admitted execution of the document, therefore he has to begin the trial, at the first instance, is factu