BHASKARA NAND GIRI Vs. BASANT LAL

JUDGEMENT

(1.) HEARD learned counsel appearing on behalf of the revisionist and Sri C. K Rai learned counsel appearing on behalf of the contesting respondents.

(2.) LEARNED Counsel appearing on behalf of the revisionist argued that the order impugned in the present revision is an order whereby the trial Court has directed to decide the issue Nos. 16 and 18 together which were preliminary issues, before proceeding for trial. It is further submitted that both the issues relate of the jurisdiction of the Court, therefore, the view taken by the trial Court on these two additional issues, which raise the question of jurisdiction and issue of law, the same can be connected by revisional Court in exercise of power under Section 115 of the Code of Civil Procedure by means of present revision. Learned counsel for the revisionist contended that from the order sheet it appears that the Court has already expressed its opinion to decide these two issues, therefore, according to the provision of Order XIV of the Code of Civil Procedure, subsequently it cannot decline to decide these issues as preliminary issue on the ground that all the issues will be tried and decided together.

(3.) THE second proviso to Section 115 of the Code Civil Procedure, which is relevant for the purposes to decide this question, is reproduced below: