Hon'ble Vedpal, J.

This revision under Section 115 of the Code of Civil Procedure has been filed by Revisionists-Defendants against the order dated 9.5.2006 passed by Shri Sanjeev Kumar, the then Civil Judge, Senior Division, Lucknow in Regular Suit No.46 of 2004 : Rajeev Sinha Vs. Dhampur Sugar Mills whereby application 56-C of the revisionists to decide issue no.7 as preliminary issue was rejected.

2. Heard the learned counsel for the parties finally on this revision at this stage of admission.

3. The facts in brief relevant for the decision of this revision are that the Regular Suit No.46 of 2004 was filed by the plaintiff (herein respondent) wherein several issues were framed. Issue no.7 was to the effect whether the present suit is maintainable. Both the parties led evidence in support of their respective pleadings and the suit was fixed for final argument. Thereafter, the defendants (herein revisionists) moved application 56-C to this effect that the issue no.7 be decided as preliminary issue before the final argument of the case. Objection of the plaintiff was to the effect that both the parties have closed their evidence and the suit is fixed for final arguments, t