The Plaintiff filed a suit which sought a declaration that the termination of the subsisting lease agreement and sale of the suit premises to the third Defendant was improper, premature and unlawful. He also sought an injunction to restrain the first and second defendants from terminating the agreement, sale and handing over the suit premises to the third Defendant without regard to the terms of the lease agreement. The third Respondent raised a point of preliminary objection contending that the amended plaint did not disclose cause of action. The plaintiff argued that the preliminary objection raised issues of both fact and law. He also challenged the manner under which the preliminary objection had been brought arguing that it was supposed to be embodied in the filed written statement of defence rather that filing it separately in a form of a preliminary notice.