B.K. Nayak, J.— Order dated 18.7.2012 passed by the learned 2nd Additional Civil Judge (Sr. Division) Bhubaneswar in Money Suit No. 242 of 2007 rejecting defendants’ application for hearing the suit on preliminary issue is the subject- matter of challenge in this civil revision.

2. The present opposite party as plaintiff has filed Money Suit No. 242 of 2007, now pending in, the Court of the 2nd Additional Civil Judge (Sr. Division) Bhubaneswar, claiming damages from the defendants petitioners for medical negligence, The plaint averments clearly describe the manner of tests and operation conducted on the husband of the plaintiff for removal of gall bladder stones and how there was post operation negligence in attending the patient and demanding more money beyond the contract package, which was also deposited by the plaintiff and the patient died only two days after the operation. It is also clearly alleged that ERCP test which was required to be conducted on the patient before the operation was not conducted as the hospital probably did not want to meet expenditure on that head.

3. The defendants filed a petition under Order 14 Rule 2, CPC for deciding the question, “whether