Hon’ble Rajes Kumar, J.—The present writ petition is directed against the order of the Additional District Judge, Court No. 8, Gorakhpur, dated 8.9.2009, passed in Civil Revision No. 158 of 2008, filed against the order of the Civil Judge (Jr. Divn.), Gorakhpur, dated 10.1.1996.

2. The brief facts of the case are that the plaintiff-respondents filed a Suit No. 94 of 1988 claiming relief for the decree of possession over the property in dispute. The defendant-petitioner filed a written statement in the year 1995. The trial Court has framed 12 issues, out of which issue No. 8 was framed as a preliminary issue to the effect as to whether the Court has jurisdiction to try the suit. When the trial Court proceeded to decide issue No. 8, referred herein above, it was felt that it is necessary to decide whether the property in dispute is the land as defined under Section 3(14) of the U.P. Zamindari Abolition and Land Reforms Act (called the U.P.Z.A. & L.R. Act’ only) because the same could not be decided by the Civil Court and could only be decided by the revenue Court. The trial Court, vide order dated 10.1.1996, instead of deciding issue No. 8, framed a fresh issue No. 13 to the