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2010 Supreme(Raj) 2070

MAHESH BHAGWATI
Vijay Kaushik – Appellant
Versus
ADJ (Fast Track) Tijara,District Alwar – Respondent


For the Petitioner:J.R. Tantiya and R.K. Mathur, Advocates.
For the Respondents:Manish Sharma, Advocate.

JUDGMENT

1. - By way of this writ petition, the petitioner has beseech-ed to quash and set aside the order dated 15th September, 2008 whereby the learned Additional District Judge (Fast Track) Tijara, District Alwar framed only three preliminary issues.

2. Heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order.

3. Learned counsel for the petitioner canvassed that on 15th September, 2008, the learned trial Court framed only three legal issues, whereas the Court ought to have framed all the issues based on the pleadings of the parties to decide the dispute arising in the suit. The provisions of Order 14, Rule 2 of CPC do not contemplate to frame the issues in parts. Rule 2 (1) of Order 14 of CPC envisages that, "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, which suggests that the Court ought to have framed all the issues based on the pleadings of the parties. Thereafter if required the Court could decide the legal issues first if they were related to the jurisdiction of the Court or the suit was barr












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