1. In suit No.234 of 1963 instituted in the court of the Subordi­nate Judge, Baramulla, by the respondent for rendition of accounts and dissolution of partnership which came into existence between the par­ties by virtue of an instrument of partnership dated June 21, 1961, the defendants-petitioners interalia pleaded that they were agriculturists and the suit was triable under the Agriculturists Relief Act, 1983-- - the trial, court thereupon raised a preliminary issue to the following effect: -

"Whether the defendants depended for their livelihood on agriculture and as such the suit is triable under the Agri­culturists Relief Act" O.P.D.

2. Unfortunately it took the trial court well-nigh seven years to bring the evidence of the parties regarding the above noted simple issue to conclusion and it was not before July 30, 1971, that the court by a perfunctory order was able to determine the issue against the defen­dants holding that they being registered contractors of the Public Works Department could not be allowed to take refuge behind the Agriculturists Relief Act which was meant primarily for those persons whose sole source of livelihood was cultivation of land. Aggrieved by this

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