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1979 Supreme(Raj) 102

G.M.LODHA
CHENI RAM – Appellant
Versus
SHANTI DEVI – Respondent


Advocates Appeared:
B.P.AGRAWAL

Judgment


G. M. LODHA, J.

( 1 ) IN both the revision petitions, only question to be considered is whether the addl. District Judge has committed any illegality or irregularity in holding that the issue regarding territorial jurisdiction can only be decided after taking evidence.

( 2 ) THE plaintiffs case is that the cause of action arose at Kishangarh and the defendants objection is that the entire cause of action arose at Amritsar and no cause of action arose at Kishangarh. Obviously it is a disputed question of fact and can only be adjudicated on the basis of the evidence of the parties.

( 3 ) I have gone through the order of the Addl. District Judge. It arises out of a mixed question of fact and law, and it suffers from no infirmity.

( 4 ) ORDER 14 (2), Civil P. C. is as under:

"2. Court to pronounce judgment on all issues:-- (1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to the provisions of Sub-rule (2), pronounce judgment on all issues. (2) Where issues both of law and of fact arise in the suit, and the court is of opinion that the case of any part thereof may be disposed of on an issue of law only, it may try that issue





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