SH CHANDGI RAM Vs. CHHOTO DEVI

JUDGEMENT

(1.) This second appeal has been preferred against the impugned judgment and decree dated 29.10.1997 wherein the finding of the Trial Judge dated 7.5.1983 dismissing the suit of the plaintiff on two preliminary issues had been endorsed.

(2.) On 21.3.1974 the Trial Judge had formulated six issues. Issue no.2 was treated as preliminary issue which inter alia reads as follows:

(3.) On 6.4.1981 additional issues were framed of which issues no.5B and 5D were again treated as preliminary issues. They inter alia reads as follows: