ANJINI DEVI Vs. V S T INDUSTRIES LIMITED

JUDGEMENT

(1.) The short question requiring consideration, in the present case, at this stage is as to which 'issue' can be treated as a "preliminary issue" within the meaning of Sub-rule (2) of Rule 2 Order XIV of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'). The facts relevant for the above purpose briefly stated are that the plaintiffs, named above, have filed the present suit for recovery of possession, damages, mesne profits in respect of the property being the entire first floor of A/18, Ram House, Middle Circle, Connaught Place, New Delhi, measuring 2175 Sq. ft. alleged to have been let out to the defendants w.e.f. 1.6.86 vide lease deed dated the 29th May, 1986 which was subsequently renewed upto 31.5.95. It is alleged that the lease has been determined by efflux of time. Notice dated 14.6.95, terminating the lease, in respect of the demised premises is also stated to have been served on the defendants. The defendants also filed written statement/ counter-claim to which the plaintiffs have filed replication/written statement.

(2.) On the pleadings of the parties the learned Predecessor of this Court vide order dated 23.1.96 framed the following issues:

(3.) I have heard the learned Counsel for the plaintiffs and have also carefully gone through the written submissions filed by him. Order XIV, Civil Procedure Code deals with the settlement of issues and determination of suit on issues of law or on issues agreed upon. As per Order XIV Rule 1 Civil Procedure Code issues are of two kinds, namely, issues of fact and issues of law. Issues of facts are propositions of fact asserted by a litigant to make out his right to sue or defence and denied by the other side. Similarly issues of law are propositions of law asserted by one party and denied by the other. Legal circles recognise a third kind of issue, namely a mixed issue of law and fact which comprises propositions of law and fact inextricably tied up with each other in such a manner so that one of them cannot be decided without deciding the other though both of them have to be decided to find an answer to the issue. Order XIV Rule 2 Civil Procedure Code lays down the provisions regarding the trial of preliminary issues. The Civil P.C.(Amendment) Act of 1976 (hereinafter referred to as 'the Amending Act of 1976') effected some changes in Order XIV Rule 2, Civil Procedure Code also. Order XIV Rule 2 Civil Procedure Code as it stands after the amendment runs in the following way -