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1977 Supreme(HP) 13

High Court Of Himachal Pradesh
R.S.PATHAK
NAND KISHORE - Appellant
Versus
KISHAN CHAND - Respondent
Civil Revn. No. 8 of 1977
Decided On : 05/10/1977

Advocates Appeared:
Kailash Chand, for Petitioner Yoginder Pal, for Respondents.

The trial court's order admitting a document did not constitute a case decided as it only disposed of one issue, leaving several other challenges directed against the document to be decided.

Headnote:

Revision Petition - Admitting Document - The trial court's order admitting a document did not constitute a case decided as it only disposed of one issue, leaving several other challenges directed against the document to be decided. The finding of the trial court did not preclude it from deciding the other challenges, and therefore the case of the petitioner had not been put to an end by the impugned order.

Fact of the Case:

Defendant's revision petition against the trial court's order admitting a document on the record.

Finding of the Court:

The trial court's order did not constitute a case decided as it only disposed of one issue, leaving several other challenges directed against the document to be decided.

Issues: The document had been challenged on several grounds, each of which, if successful, was sufficient to destroy it as a basis of the suit.

Ratio Decidendi: The finding of the trial court did not preclude it from deciding the other challenges directed against the document, and therefore it cannot be said that the case of the petitioner had been put to an end by the impugned order.

Final Decision: The revision petition failed and was dismissed with costs.

ORDER

1. This defendants revision petition is directed against an order of the trial court admitting a document on the record.

2. At the outset, learned counsel for the respondents has raised the objection that the order of the trial Court does not constitute a case decided. I am entirely in agreement. The trial Court has merely held that the document, according to the construction placed on it, is not a deed of partition and therefore does not require registration under S. 17 of the Indian Registration Act. In coming to this finding, it has disposed of only one issue. A perusal of the issues, of which there are as many as ten, indicates that the document has been challenged on several other grounds, each one of which, if successful, is sufficient to destroy it as a basis of the suit. The entire argument of learned counsel for the petitioner be­fore me is that the document is central to the decision of the suit and that by the impugned order the principal defence set up by the petitioner has been defeated. To my mind, the finding of the trial court incorporated in the impugn­ed order does not preclude the trial court from deciding the issues incorpo­rating the other challenges directed against the document in question and therefore it cannot be said that the case of the petitioner has been put to an end by the impugned order. Reference was made by learned counsel to Shah Prabhudas Ishwardas v. Shah Bhogilal Nathalal, AIR 1968 Guj 236 but there the suit had been brought on the foot of a promissory note and the trial Court had excluded the promissory note from the record on the ground that it was inade­quately stamped. In that case, the result of the impugned order was that the en­tire case of the plaintiff fell to the ground. In my opinion, having regard to the facts and circumstances of this case, it cannot be said that the impugned order of the trial court constitutes a "case de­cided within the meaning of S. 115 of the Code of Civil Procedure.

3. The revision fails, and is dismissed with costs. Revision dismissed

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