JUDGMENT S.K. Lakhtakia, Member. - This is a revision against the order of the Additional Commissioner dated 9-10-1975 dismissing the revision filed by the plaintiff against the finding of the trial court on five preliminary issues, out of total nine issues, which were decided against him. 2. Heard the learned counsel for both the parties, perused the record. 3. It appears that the revisionist-plaintiff brought a suit under Sect on 229-B of the U.P.Z.A. & L.R. Act for declaration of sole sirdari rights in the disputed land. 4. The suit was contested by opposite party Smt. Muradan who claimed to be a co-sirdar along with the plaintiff alleging herself to be the daughter of one Rahamdad who was the co-tenure-holder of the plaintiff and has since died. The trial court framed nine issues out of which five were treated to be preliminary issues and were decided against the plaintiff. The plaintiff went up in revision against this finding which was dismissed, hence this revision. 5. The learned counsel for the revisionist argued that the pleas taken by the defendant were barred by res judicata and therefore, the finding of the trial court is wrong. 6. In my opinion no revision could lie against the finding on preliminary issues unless the suit was itself dismissed. The judgment of the trial court shows that after deciding the preliminary issues it has fixed the case for the evidence of the plaintiff on the remaining issues, hence the case has not yet been decided by the trial court and it is yet to be considered on merits on the evidence of both the parties. In such circumstances no revision could be filed against such finding since the same could be assailed in case any appeal was brought by any party after the final judgment. The revision was, therefore, rightly dismissed. The point whether the defence is barred by the principle of res judicata has to be considered by the trial court itself and this court or the lower revisional court cannot express any opinion on this point at this stage. 7. This revision is, therefore, without any merit and is rejected. Let the record be sent back to the trial court to proceed with the case according to law to dispose it of on merits after recording the evidence of both the parties, if any.