JUDGMENT :- A suit filed by the present petitioner against the two defendants was held to be not maintainable by the Court of Civil Judge, S.D. at Broach. Defendant No. 1 is a firm and defendant No. 2 was at one time a partner of the firm. Defendant No. 2 was adjudged insolvent on 18-5-1956. On this ground an objection was, taken in the written statement that the suit was not maintainable. In the written statement, an objection was also taken that the firm was itself dissolved upon the adjudication as insolvent of one of the partners and that therefore a suit against the firm did not lie. The learned Judge framed one preliminary issue, namely, whether the suit is not maintainable, and he held in the affirmative on that issue. He thereupon dismissed the suit. Hence this revision.

2. The framing of preliminary issues is referred to in Order 14, Rule 1 and Rule 2, Civil Procedure Code. Rule 1 of Order 14, C.P. Code classifies issues into two kinds; (1) issues of fact, and (2) issues of law. It also mentions that at the first hearing of the suit the Court shell, after reading the plaint and the written statements, if any, and after such examination of the parties as may appear necessary

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