YAMUNA SHANKER MISHRA Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) -

(2.) PLAINTIFF-opposite party had filed Suit No. 263 of 1986 in the court of Civil Judge, Saharanpur claiming a decree for damages against the defendants, including the present applicant in revision in this court, who is the District Supply Officer. The ground for relief in the plaint was that the defendants had acted maliciously and collusively and had misused their office as public servants. The defendants filed a written-statement. Consequently five issues were framed by the trial court. The present applicant in revision moved an application before the trial court for trial of issues nos. 2 to 5 as preliminary issues. By the impugned order the trial court has rejected the said application of the defendant-applicant on the ground that having regard to the pleadings of the parties it will be expedient and proper to try all the issues together as trial of the said issues involve questions of law as well as fact. Thus on the aforesaid finding the trial court has refused to exercise discretion vested in it in regard to the trial of the said issues as preliminary issues.

(3.) AFTER the aforesaid amendment in the year 1976 Order XIV Rule 2 as amended is as follows :