ORDER :

1. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the order dated 15.03.2022 passed by the learned 5th Additional Civil Judge (J.D.), Vadodara, upon framing of issue as under :

“(1) Whether the plaint of the plaintiffs is hit by provisions of Order 7 Rule 11 of Civil Procedure Code?

(2) What Order?”

2. Learned Counsel Mr. Rushabh H. Shah with learned advocate Mr. Rohan Shah for the petitioners has urged that wherever and whenever there is pure question of law then only, the learned Civil Court can frame the preliminary issue.

2.1. In support of his arguments, learned advocate for the petitioners has placed reliance upon the judgment of Hon’ble Supreme Court rendered in the case of NUSLI NEVILLE WADIA v. IVORY PROPERTIES AND OTHERS reported in (2020) 6 Supreme Court Cases 557.

2.2. Learned advocate for the petitioners has also placed reliance upon the judgment of the Hon’ble Supreme Court rendered in the case of Srihari Hanumandas Totala v. Hemant Vithal Kamat reported in 2021 (9) SCC 99 and equivalent citation : 2021 (0) AIJEL-SC 67577 and in the case of Kamgar Swa Sadan Cooperative Housing Society Ltd. v. Vija