1. - By the instant writ petition, the petitioner who is defendant in a suit for Specific Performance of the Contract pending before Additional District Judge, Gulabpura, district Bhilwara (for short 'the trial court' hereinafter) has challenged the order dated 31.03.2008 passed by the trial court whereby issue No.3 being the issue purely involving law point came to be decided by the trial court against the petitioner.

2. I have heard learned counsel for the parties. Carefully gone through the order impugned.

3. It is contended by learned counsel for the petitioner that the trial court fell in error in deciding the issue against the petitioner defendant. He has relied on a decision of this Court in Madan Lal v. Ram Swaroop 1996 DNJ (Raj.) 745 and in Khuraj and Anr. v. Moti Lal and Ors. 1998 DNJ (Raj.) 168.

4. Mr. N.K.Rastogi, learned counsel for the respondent plaintiff has supported the order impugned and relied on a four Judges decision of Hon'ble Supreme Court in Javer Chand and Others v. Pukhraj Surana, AIR 1961 SC 1655.

5. In Madan Lal v. Ram Swaroop (supra), the plaintiff non-petitioner sought to introduce a document in course of his oral testimony. The question of