( 1. ) THE only grievance in this revision is that the trial Court has erred in refusing to decide as preliminary issues four additional issues, which were framed on the defendants application dated December 6, 1974. These issues are:-

" (1) Whether the Court has no jurisdiction to try the suit ? (2) Whether the suit is time barred ? (3) Whether the suit is not properly valued ? Its effect. (4) Whether the plaintiff has failed to comply with the requirements of section 80, civil Procedure Code ? Its effect. "

These issues having been framed by the trial Court, the defendants requested the Court to try them as preliminary issues. By order dated January 13, 1975, the trial Court rejected that request with the observation that these issues would also be determined along with the other issues. The reason stated in the order is that on July 15, 1970, the parties had requested the Court to determine the preliminary issues along with other issues.

( 2. ) SHRI Tares contention is that the order of the trial Court is, on the face of it, erroneous inasmuch as the question of the parties agreement could not arise on July 15, 1970, regarding the issues which were framed subsequently, i.