SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS CLR/ 1 2 3 / 2 0 2 4 Hon 'ble Rak esh Th apliy al, J. 1. Mr. Piyush Garg, learned counsel for the revisionists. 2. Mr. Narendra Bali, learned counsel for the respondent. 3. The instant civil revision has been filed by the revisionist/ defendant against the order dated 18.11.2024 passed by Judge, Small Causes Court/ Addl. District Judge, Tehri Garhwal in SCC Case No. 04 of 2021, Swami Omkaranand Dharma Samsthan vs. Adhiroha and others, whereby after framing issues one of the issue, i.e, issue no. 6 with regard to the jurisdiction was decided by holding that the SCC Court has jurisdiction to proceed with the SCC Case No. 04 of 2021. 4. Learned counsel for the revisionist Mr. Piyush Garg argued that the preliminary issue as dealt with, is, in fact, mixed question of law and fact, and can be looked into at the stage of the trial and not at the initial stage. 5. Suit was filed by the respondent/ plaintiff for eviction as well as damages for arrear of rent in respect of a lease property including the area which according to the plaintiff was encroached by the defendant which, in fact, was not part of the lease deed. The written statement has already been filed and after exchange of pleadings issues were framed on 18.11.2023, however, on the request of the defendants, the issue with regard to the jurisdiction was dealt with by the impugned order and same was decided in favour of the plaintiff. 6. After perusing the order impugned, plaint as well as lease deed, this Court is of the view that raising an issue of jurisdiction which was treated by the SCC Court as a preliminary issue apparently is a mixed question of fact and law and has to be dealt with during trial, therefore, the order dated 18.11.2024, passed by the Judge, SCC, Tehri Garhwal in SCC Case No. 04 of 2021 is set aside and the trial court is directed to proceed with the trial and the preliminary issue with regard to jurisdiction be decided at the stage of final hearing after adducing evidence by both the parties. Since, SCC suit was filed in the year 2021 and the issues have already been framed, the Trial Court is directed to decide the suit positively within six months from the date of production of certified copy of this order. 7. In view of the above observation and directions, as above, the instant civil revision is disposed of finally. ( Rak esh Th apliy al, J.) 1 8 .1 2 .2 0 2 5 Parul