1982 Supreme(MP) 689

IN THE HIGH COURT OF MADHYA PRADESH
R.K. VIJAYWARGIYA, J.
Bhopa - Applicant
Versus
Shivlal - Non-Applicant
C.R. No. 685 of 1980 (I)
Decided On : 03-09-1982

Headnote:Civil Procedure Code, 1908 – O. 14, R. 2 – preliminary issue – trial of – evidence necessary – should be tried along with other issues.

        Short Note

       1. The facts giving rise to this revision briefly stated are as follow: –

       After framing the issues the trial Court directed that issues Nos. 7 and 8 which related to the valuation of the suit and limitation be tried as preliminary issues. Thereafter the defendant submitted an application that as these issues are not pure issues of law but are issues in the suit. This application is dismissed by the trial Court. Aggrieved by the order of the trial Court the defendant has submitted this revision.

       Held: As held by this Court in Ramdayal Umraomal v. Pannalal Jagannath (1979 JLJ 720) when evidence is necessary for decision of certain issues they should be tried along with other issues in the suit. The trial Court therefore, acted illegally in directing that the issues Nos. 7 and 8 be tried as preliminary issues. The order passed by the trial Court is, therefore, set aside and the trial Court is directed to decide issues Nos. 7 and 8 along with other issues in the suit. 1979 JLJ 720 (FB) relied on. Revision allowed.