JUDGMENT
V.K. Jhanji, J.
1. The present revision petition is directed against order dated 28.1.1991 whereby issues 3 and 6 have been ordered to be treated as preliminary issues.
2. The case of the petitioner in this case is that issues were framed on 28.1.1991 and on that very date it was ordered that the said issues be treated as preliminary issues. According to the petitioner, on filing of application by the respondents, he sought time to file reply but the same was denied on the ground that there was no need to provide an opportunity to file reply to the application. In my view, the trial Court committed an error in ordering issues 3 and 6 to be treated as preliminary issues without giving an opportunity to the petitioner to file reply to the application. Otherwise, too, I find that before issues 3 and 6 are decided, some evidence is required to be led and therefore, it would be futile to treat issues 3 and 6 as preliminary issues. Consequently, the revision petition is allowed and order under revision set aside. Trial Court is directed to decide all the issues together.