1. This petition purportedly filed under Section 104 of the Constitution of Jammu and Kashmir is directed against the order dated 12.07.2018 passed by the learned 2nd Additional District Judge, Jammu (hereinafter referred to as the trial Court) in File No. 23/Civil titled Rajesh Madanlal Anand v. Rakesh Madanlal Anand and another whereby the trial Court has refused to entertain the suit filed by the petitioner under Order 37 of the Code of Civil Procedure (hereinafter referred to as the CPC) and has treated the same as a regular suit.

2. At the outset, it may be noted that this Petition has been filed by the petitioner purportedly under Article 227 of the Constitution of India, but the same has been numbered by the Registry as Civil Revision. Admittedly, the order impugned does not determine the rights of the parties finally. By virtue of the order impugned, the trial Court has simply refused to entertain the suit under Order 37 of CPC and has treated the same as a regular suit. The rights of the parties are, therefore, yet to be determined in the suit which would be tried as a regular suit in view of the order of the trial Court impugned in this petition. In that view of