2001 Supreme(P&H) 1254

PUNJAB AND HARYANA HIGH COURT
V.K. Jhanji, J.
Dr. Vijay Kumar Jain - Petitioner
Versus
Union of India - Respondents
Civil Revision No. 2678 of 1991.
Decided On : 7 November, 2001

The court emphasized the importance of providing an opportunity to file a reply before treating issues as preliminary and highlighted the need for evidence before deciding certain issues.

Headnote:

Preliminary Issues - Opportunity to File Reply - The court found that the trial court erred in ordering issues 3 and 6 to be treated as preliminary issues without giving the petitioner an opportunity to file a reply to the application. The court also noted that evidence was required before deciding these issues, making it futile to treat them as preliminary.

Fact of the Case:

The petitioner sought time to file a reply to an application by the respondents, but it was denied on the ground that there was no need to provide an opportunity to file a reply. The trial court ordered issues 3 and 6 to be treated as preliminary issues without allowing the petitioner to file a reply.

Finding of the Court:

The court found that the trial court committed an error in ordering issues 3 and 6 to be treated as preliminary issues without giving an opportunity to the petitioner to file a reply. The court also noted that evidence was required before deciding these issues.

Issues: The main issue was whether the trial court erred in ordering issues 3 and 6 to be treated as preliminary issues without allowing the petitioner to file a reply.

Ratio Decidendi: The court held that it would be futile to treat issues 3 and 6 as preliminary without allowing the petitioner to file a reply and before leading any evidence.

Final Decision: The revision petition was allowed, and the order under revision was set aside. The trial court was directed to decide all the issues together.