ANU Vs. SURESH VERMA & ORS

JUDGEMENT

(1.) On 16.04.2015 issues were framed in this suit for partition. Issue nos.4 and 5 which were framed on 16.04.2015 read as under:-

(2.) These two issues were to be treated as preliminary issues as per the order dated 16.04.2015.

(3.) Actually the issues in question may not strictly be preliminary issues in terms of Order XIV Rule 2 of the Code of Civil Procedure, 1908 (CPC) and the relevant question which arises is that as per the facts arising from the pleadings on record and documents filed by the parties, whether at all these issues would arise or need not be framed.