Judgment Prakash Tatia, J.- Heard learned Counsel for the petitioner. 2. The petitioner is aggrieved against the order dated 18.08.2004 by which the petitioners application filed under Order 14 Rule 2(2) for deciding the issue as a preliminary issue was rejected by the trial Court. 3 The trial Court observed that the suit is fixed for the evidence of the defendant after the closure of the evidence of the plaintiff and the issue is a issue of the mixed question of fact and law. Therefore, the said issue cannot be decided as preliminary issue. 4. In view of the cogent reasons given by the trial Court, this Court is not inclined to interfere in the order dated 14.08.2004 as their exists no ground for interference. 5. Hence, the writ petition of the petitioner is dismissed having no merit.