AMAR N. GUGNANI Vs. NARESH KUMAR GUGNANI

JUDGEMENT

(1.) (i) The present suit is a suit for declaration, eviction, recovery of damages, rendition of accounts and permanent and mandatory injunctions. Plaintiff is Sh. Amar N. Gugnani and who was the son of late Sh. Jai Gopal Gugnani. Defendant is the brother of the plaintiff and the other son of late Sh. Jai Gopal Gugnani. Defendant has now expired and is now being represented by his legal heirs.

(2.) In this suit on 11.08.2008 issues were framed and issue no.1 reads as under: -

(3.) Issues, if they are legal issues, and result in bar of any law to the filing of the suit, then such issues under Order XIV Rule 2 of the Code of Civil Procedure, 1908 (CPC) can be treated as preliminary issues. Also, under Order VII Rule 11 CPC if the plaint is shown to have been barred by any such law, the suit plaint can be rejected at any stage. Order XII Rule 6 CPC also entitles a court to decree the suit finally at any stage.