TALATI KANTILAL BHUMABAI Vs. LALITABEN

JUDGEMENT

(1.) This is an appeal from a judgment of the Gujarat High Court dated March 5, 1973 on a preliminary point, holding that the civil Judge (Senior Division), Godhra has jurisdiction to entertain and decide the suit filed by the respondent. Setting aside the finding of the learned Civil Judge that he had no jurisdiction to entertain the suit and therefore the plaint must be returned for presentation to the proper Court the High Court has remanded the suit to the trial Court with a direction to determine the "other issues" raised in the suit in the light of the evidence on record and in accordance with law.

(2.) In view of the fact that the entire evidence in the case has been recordedby the trial Court and considering that nine years have already passed over the decision of a preliminary point, we are of the opinion that it is undesirable to dispose of this matter piecemeal. The interests of justice require premptorily that the trial Court should proceed to dispose of the suit on the issues which it has not yet decided.

(3.) We,therefore, confirm the order of remand passed by the High court and dismiss the appeal with costs.