MALIK, CJ.:- This is a civil revision under S.115 of the Code. The plaintiff filed a suit for perpetual injunction against the defendants restraining them from interfering in any manner with plaintiffs possession of certain plots detailed in the plaint. The suit was filed in the Court of the Second Civil Judge of Meerut. The defendants filed a written statement in which, among other pleas, a plea was taken that the civil Court had no jurisdiction to try the suit. The learned Judge framed a number of issues and under O.14, R.2 of the Code he decided to try the issue of law first.

2. Order 14, R.2 of the Code is as follows:

"Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined."

On 2-11-1953, the learned Civil Judge held that the civil Court had jurisdiction to try the suit. It is against that decision that this civil revision was filed.

3. A preliminary objection is raised by the other side t