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2006 Supreme(HP) 274

V.K.GUPTA, DEEPAK GUPTA, SURJIT SINGH
PRITHVI RAJ JHINGTA – Appellant
Versus
GOPAL SINGH – Respondent


JUDGMENT -

Where a Court in fact frames only issues of law in the first instance and postpones settlement of other issues, under sub-rule (1), clearly and explicitly in situations where the Court has framed all issues together, both of law as well as facts and has also tried all these issues together, it is not open to the Court in such a situation to adopt the principle of severability and proceed to decide issues of law first, without taking up simultaneously other issues for decision. This course of action is not available to a Court because sub-rule (1) does not permit the Court to adopt any such principle of severability and to dispose of a suit only on preliminary issues, or what can be termed as issues of law. Sub-rule (1) clearly mandates that in a situation contemplated under it, where all the issues have been framed together and have also been taken up for adjudication during the course of the trial, these must be decided together and the judgment in the suit as a whole must be pronounced by the Court covering all the issues framed in the suit. (Para 9) Advocate(s): Ajay Kumar, for Petitioners; Bhupender Gupta, Sr. Counsel with Janesh Gupta, for Respondents. JUDGEMENT V.









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