After arguing the matter at some length, only prayer made by the counsel for the petitioner-defendant (hereinafter referred to as ‘the
defendant’) is that if the defendant raises an objection in his written statement in respect of plea raised in the application under Order 7 Rule 11
CPC, the Trial Court be directed to frame a preliminary issue in that regard and decide the same first before proceeding further in the matter without
being influenced by its earlier order dated 07.03.2018.
In this view of the matter, the revision petition is disposed of. However, the Trial Court is directed that if the defendant raises the objection in his
written statement in respect of plea raised by him in the application under Order 7 Rule 11 CPC and if a preliminary issue is found to have been made
out under Order 14 Rule 2 CPC, then a preliminary issue be framed and the same be decided first without being influenced by its earlier order dated
07.03.2018.
Consequent upon disposal of the revision petition, stay application filed therwith does not survice and same also stands disposed of.
