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1993 Supreme(HP) 177

DEVINDER GUPTA
KR. ALARK SINGH – Appellant
Versus
DURGA DEVI – Respondent


Advocates Appeared:
For the appellant(s)/petitioner(s):Mr. Ajay Kaushik for Mr. S. S. Kanwar, Counsel for the plaintiff. For the respondent(s): Mr. Chhabil Dass for defendants Nos 1, 2 and S. Mr. Shanti Bhushan alongwith S/Shri K. D. Sood, A. S Shah, Prasbant Bhushan and Indervir Aulakh for defendant No. 3. None for the other defendants.

JUDGMENT

Devinder Gupta, J.—This suit was instituted on 13th October, 1987, wherein the plaintiff has claimed number of reliefs including a decree for declaration of his title to the suit properties, for partition and for rendition of accounts. On 28th May, 1993, nine preliminary issues were framed and the case was posted for the parties evidence on the said issues. In the meanwhile, some of the defendants applied for framing issues on merits also and for rejection of plaint as disclosing no cause of action. On 19th August, 1993, when the case was taken up for consideration on the applications, learned Counsel appearing for defendants No. 1 to 4, by making reference to two decisions of the Supreme Court in Revathinnal Balagopalaverma v. His Highness Sri Padmanabhadasavarma (since deceased) and others, 1991 (5) JT 301 and in His Highness Maharaja Pratap Singh v Her Highness Maharani Sarojani Devi and others; Civil Appeal No 5857 of 1983, decided on 17th August, 1993 prayed that the effect of the said judgments on the maintainability of the suit be decided first, since according to them the basic and primary reliefs were liable to be rejected. The case was thereafter posted for heari





























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