ORDER :- This revisional application is directed against the order of the Additional District Judge, Kanpur. It has arisen in the following circumstances :

The plaintiff-opposite party commenced an action against the defendant-applicant and Union of India for a decree of Rs. 13,485.12 together with pendente lite and future interest. Both the defendants have filed separate written statements contesting the suit. An issue relating the jurisdiction of the court was framed. The defendant made an application praying that the said issue be tried as a preliminary issue. This application was opposed by the plaintiff. The Trial Court having found that in a suit for recovery of damages on account of breach of contract the question of jurisdiction was a mixed question of law and fact, did not consider it expedient to try the issue as a preliminary issue and consequently rejected the application of the defendant. Against that decision the defendant went up in revision before the District Judge. The learned Additional District Judge who heard and disposed of the revision found that for deciding the issue relating to jurisdiction, the court would have to record the evidence and give a finding on

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