( 1 ) PETITIONER is the defendant in Suit No. 208/99 filed by respondent for possession of agricultural land measuring 3 Bighas or so covered by Khasra No. 65/1 in illaqa Mundka. He filed written statement to the suit taking the stand that respondent-plaintiff had no cause of action as he had perfected the title on the land by adverse possession. He also questioned the jurisdiction of the court to try the suit.

( 2 ) TRIAL court framed five issues in the suit. The first issue was framed on petitioner s plea and its onus to prove was put on him. The issue read thus:-

"whether title of defendant had perfected over the land before its purchase by plaintiff. "

( 3 ) NO preliminary issue on jurisdictional plea or otherwise was framed in the suit and Trial court called upon petitioner to lead evidence.

( 4 ) PETITIONER feels aggrieved of this and entertains a two-fold grievance. According to him Trial court was bound to frame the preliminary issue on jurisdictional plea under Order 14, Rule 3 Code of Civil Procedure and that it could not have asked him to lead evidence first in terms of Order 18 Rule 1 of the Code. It is submitted by his counsel that plaintiff had a right to begin the