JUDGMENT

1. This is an application in revision u/s 115 of the CPC by the defendants to a suit pending in the Court of the Subordinate Judge of Agra. The plaintiff sued to recover money alleged to be due on a contract, The defendants urged two pleas, namely, that no such contract as was stated in the plaint bad taken place between the parties and, secondly, that if any contract did take place between the parties, it was of a wagering nature and could not be enforced. The learned Sub-ordinate Judge examined the defendants before proceeding any further in the case. He recorded their statements in a rubkar, dated the 21st of February 1918. After writing the depositions of the two defendants the Court framed three issues. The Pleader for the defence asked the learned Subordinate Judge to add a fourth issue to the effect that the contract, if any, between the parties was a wagering contract. The learned Subordinate Judge disallowed the prayer of defendants' Pleader.

2. The defendants have presented the present application in revision from the order of the learned Subordinate Judge rejecting the request of their Pleader to add a fourth issue in the case about the character of the contract.