JUDGMENT

Sulaiman, C.J. - This is an application in revision filed by the defendant against an order of the Court below refusing to take up the case piecemeal and decide a question of law raised by the defendant. The suit was of a declaratory nature and challenged a previous Civil Court decree principally on the ground of fraud. Before the settlement of the issues the defendant applied on 18th April 1933, praying that the question of the sufficiency of the court-fees might be gone into first and the remaining issues in the case be decided later. The Court framed issues on 2nd March 1933, and decided the question of court-fee on 27th May 1933. The question of court-fee was somehow reopened and it was again decided in favour of the plaintiff on 19th August 1933. The Court had fixed 1st February 1934, as the date for the hearing of the evidence. On 4th December 1933, the defendant applied to the Court that all the legal issues including the one relating to the maintainability of the suit be decided before the evidence is commenced. It is not explicable why the defendant did not make this request at the time when issues were framed on 2nd March 1933. The Court below has summarily reject