JUDGMENT This is an application challenging the decision pf the trial Court not to treat an issue as a preliminary issue and decided it as such. Admittedly, the applicant had moved before the trial Court earlier for framing of a preliminary issue on the point whether the suit was hit by the Benami Transactions (Prohibition) Act, 1988. That revision application was dismissed as not pressed as it was observed by this Court that the issue framed in the suit cover other issues framed by the Court. After that applicant again applied for trying the issues of the suit being hit by the Benami Transactions (Prohibition) Act, 1988 as preliminary issue. The Court has rejected this application and this revision application is filed against the same. It appears that the applicant has repeated his earlier prayer in an altered manner. When there is no specific issue as to whether the suit is barred by Benami Transaction (Prohibition) Act, 1988 or not, there is question of treating it as a preliminary issue. It is clear that the other issues in the case would involve regarding of evidence and, therefore, cannot be treated as preliminary issue. There is no force in this revision application. There is no question of jurisdiction involved, there is no material irregularity committed by the Court and in any case there is no question of failure of justice if the order is allowed to stand. The revision application is dismissed with costs. Costs quantified at Rs. 300/-.