Dave, J.—This is an application in revision by the defendant against an order of the Civil Judge, Sawai Jaipur, dated the 19th April, 1949.

2. In a money suit filed by the opposite party against the applicant, one of the pleas raised by him amongst others was that the plaintiff could not ask for a money decree without filing a suit for accounts. One of the issues namely, the fourth, framed by the trial court, therefore, was "whether the suit for the money decree was not maintainable."

3. On the 19th of April, 1949 the applicants advocate in the trial court filed a petition praying that this issue of law should be decided first before proceeding with the evidence on other issues. This application was rejected saying that it was unnecessary to decide this issue before others.

4. The applicants advocate contends that according to Order 14, Rule 2 of the Civil Procedure Code it was mandatory for the trial court to decide a pure issue of law before going on the issues of facts and that in rejecting his application it has committed a material irregularity and, therefore, it should be directed to decide this issue at this stage.

5. The advocate for the opposite party has raised a preliminary

Click Here to Read the rest of this document