BHARGAVA, J.—This is a defendants revision application against an order of the Additional Civil Judge, Jaipur City whereby he decided to dispose of issues Nos. 4, 7, 8 and 10 along with other issues framed in the case after the evidence had been recorded.

2. It appears that plaintiff Girdharisingh instituted the present suit on 29th August, 1967, for specific performance of contract of sale of a house, in the alternative damages to the extent of Rs. 2500/- and for cancellation of the sale deed executed in favour of non-petitioner No. 2 on the basis of an agreement of sale entered into between him and the petitioner on 5-10-1963. The petitioner denied the plaint allegations as also the agreement set up by the plaintiff. The learned Additional Civil Judge framed eleven issues in the suit, ordered that arguments will be heard on issues Nos. 4, 5, 7, 8 and 10 which in his opinion were preliminary issues. However, on the date on which arguments were to be heard the learned Judge changed his opinion because the decision of this Court in Chhingaram vs. Nihal Singh(l) was brought to his notice. On behalf of the petitioner another decision of this Court in Prithviraj vs. Munnalal(2), was sho

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