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2004 Supreme(P&H) 171

HEMANT GUPTA
Hasham – Appellant
Versus
Jhangi Ram – Respondent


Judgment

1. The plaintiff has filed the present appeal against the order passed by the first Appellate Court on 1-5-2000 wherein while reversing the findings of the trial Court on issues Nos. 1 and 2, the judgment and decree of the trial Court was set aside and the suit was remanded back to the trial Court for fresh decision in accordance with law.

2. The plaintiff-appellant filed a suit for declaration and claimed permanent injunction and consequential relief. The Court has framed the following issues :-

"1. Whether the decree dated 4-2-1991 suffered by defendant No. 1 in favour of defendants Nos. 2 to 9 in Civil Suit No. 613/90 from the Court of Sh. S. K. Aggarwal, the then Sub Judge, Karnal is wrong, illegal, null and void and is not binding upon the plaintiff and the same is liable to be set aside on the grounds taken in para No. 3 of the plaint? OPP

2. Whether the plaintiff is entitled to a decree for permanent injunction against the defendants on the grounds taken in the plaint? OPP

3. Whether the suit is not maintainable in the present form? OPD

4. Whether the suit is not properly valued for the purposes of Court fee and jurisdiction? OPD

5. Whether the suit is bad for non-jo


















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