JUDGMENT - MHASE S.B., J.:Heard Shri Pendharkar, the learned Counsel for the applicant. No one appears for the non-applicant.

2. The order under challenge is dated 8th February, 1994 passed by the 4th Joint Civil Judge, Junior Division, Nagpur, below Exhibit 9 from Regular Civil Suit No. 2148 of 1986 by which the request was made by the present applicant/defendant to try and decide the issues of tenability of the suit and the jurisdiction of the Court as preliminary issues. It appears from the order that Issue Nos. 17 to 20 at Exhibit 17 were proposed to the trial Court to be considered as preliminary issues. Those issues are as follows:

Issue No. 17 : Whether this Court has jurisdiction?

Issue No. 18: Whether the plaintiff's suit is barred by the principles of res judicata?

Issue No. 19 : Does plaintiff prove that the plaintiff is estopped from challenging the order in view of his conduct and his record?

Issue No. 20 : Whether the plaintiff's suit is barred by limitation?

3. The learned Counsel appearing for the applicant submitted that these issues are the issues of law and which, if decided as preliminary issues, will result into disposal of the total suit and, therefore, the tria

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