Hemant Gupta, J.

1. The challenge in the present revision petition is to the order passed by the learned trial Court on 7.6.2000, whereby Issue No. 8-A was ordered to be treated as a preliminary issue and the order dated 7.1.2002, whereby an application filed by the defendants for deciding all the issues, was dismissed.

2. The dispute between the parties is regarding estate of Desh Raj Nagrath, who died in October, 1977. According to the defendant-petitioner, Desh Raj Nagrath has left a Will in favour of one of his daughter Adarsh Sawhney, the mother of the present petitioner. A suit for partition has been filed by the plaintiff Prem Bhandari, another daughter of Desh Raj Nagrath, for possession by way of partition claiming l/4th share in the property, the remaining share being of her two sisters and one brother. The petitioner relied upon Will dated 29.1.1977 executed by Shri Desh Raj Nagrath in the written statement. On the basis of the pleadings of the parties, the learned trial Court framed issues on 6.10.1998, but after an amended written statement was filed, Issue No. 8-A was framed, which was to the effect Whether vide Will dated 29.1.1977, Adarsh Sawhney has become