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Judgment
5 paragraphs · 192 wordsT.R. Ravi, J.
The civil revision petition arises from the order dated 04.02.2023 passed by the Principal Munsiff Court, Ernakulam in I.A.No.1/2020 in O.S No.1286/2017. The application was filed by the 2nd defendant for raising an issue on the maintainability and requesting for a hearing on the same as a preliminary issue. The court has allowed the application but, posted the case for trial. The grievance of the petitioner is that after having allowed the application it was only appropriate that the preliminary issue is framed and the court hears on the said issue before posting the case for trial.
Heard the counsel for the petitioner and the counsel for the respondents.
I find justification in the contention raised by the petitioner. Since it is a question of maintainability, it is only appropriate that the issue is framed and heard initially before the parties are sent for trial.
In the above circumstances, the civil revision petition is allowed directing the court below to consider the issue regarding maintainability as a preliminary issue and decide the same before proceeding with the trial. The listing for trial shall be adjourned accordingly.