( 1. ) THIS Miscellaneous Appeal is directed against the order of the First Additional District Judge, Jabalpur, dated the 11th September, 1975, in Miscellaneous Judicial Case No. 6 of 1968. The said Miscellaneous Judicial case No. 6 of 1968 was registered under Order 21, Rule 97 of the Code of civil Procedure on the complaint of the Respondent, Her Highness Tej Kunwar saheba, the auction purchaser of a Cinema Hall know as "plaza Talkies" that she had been resisted in obtaining possession by M/s Supreme General Films exchange Private Ltd. , the appellant before this Court. The Additional district Judge framed issues on the pleadings raised, and ordered that he would record evidence if necessary, but only after he was satisfied on hearing arguments that such a course should be adopted. The parties to the proceedings felt dissatisfied. The Supreme General Films Exchange was insisting upon evidence to be taken first before arguments were heard, whereas the respondent-auction purchaser felt that no enquiry at all was necessary since the decision in the earlier suit had concluded the matter finally and the Supreme General Films exchange would not resist delivery of possession