Hon'ble KOTHARI, J.—By this writ petition, the defendants have challenged the order dtd. 7.8.2006 whereby the learned trial Court held that the issue as to the admissibility of the document in question, namely, the agreement on which respondent-plaintiffs had based their suit for specific performance, will be decided at the time of final hearing of the suit.

2. The defendants-petitioners have challenged the said order on the ground that the question of admissibility of evidence could not be postponed and deferred to be decided at the time of final hearing of the suit itself and such question was required to be decided forthwith by the learned trial Court.

3. The learned counsel for the petitioners- defendants Dr. Sachin Acharya, relying upon the decision of the Hon'ble Supreme Court in the case of R.V.E. Venkatachala Gounder vs. Arulmigu Viswesaraswami and V.P. Temple and Anr. reported in (2003) 8 SCC 752 and later decision of this Court in the case of L.Rs. of late Sh. Chittar Mal vs. Addl. Civil Judge (SD) and are reported in 2005(1) DNJ (Raj.) 366 submitted that it was not the objection of the defendants as to only mode of proof of said document, namely, agreement in question, bu

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