ABOTHULA RAJARATNAM NAIDU Vs. NIZAM SUGAR FACTORY LTD

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 8-5-2000 passed in I. A. No.195 of 2000 in O.S. No.19 of 1993 by the learned Senior Civil Judge, Bobbili, whereby the learned Senior Civil Judge dismissed the application filed under Order 14 Rule 2(2) of the Code of Civil Procedure praying to try the first issue as preliminary issue, as the said issue relates to the jurisdiction of the Court and also relates to the bar relating to the filing of the suits OS Nos.48 of 1982 and 49/82 (Old OS Nos.37 and 38 of 1987) filed under Secs. 7, 7-A(l), 7-A(6), 8(2), 8(8) and 15 of the A. P. Land Grabbing (Prohibition) Act, 1982 and also Section 18 of the Industries (Development and Regulation) Act, 1951.

(2.) The above, suit was filed by the petitioner before the Vacation Civil Judge, Vizianagaram, as OSNo.19 of 1993 for declaration that the decree passed by the Subordinate Judge's Court, Bobbili, in OS Nos.37 and 38 of 1987 are not binding upon him and sought for a temporary injunction in I. A. No.36 of 1993 restraining the first respondent therein from interfering in any manner with the peaceful possession and enjoyment of the plaint schedule property by way of executing the decree passed by the Subordinate Court, Bobbili in the said suits. Thereafter he filed a petition to amend the plaint by way of adding paragraph Nos.5 to 7 which was allowed on 22-12-1999. Thereafter, he filed I. A. No.167 of 2000 under Order 14 Rule 5 of the Code of Civil Procedure to frame additional issues, which are legal issues. But the Court dismissed the said application on 18-4-2000 holding that the first issue already framed covers all the said legal pleas.

(3.) This was resisted by the respondent contending that the first issue is an issue involving facts and also law and therefore, it is not possible to decide the said issue as a preliminary issue, relating to the jurisdiction of the Court in trying OS Nos.37 and 38 of 1987. It is further contended that Order 14 Rule 2(2) of the Code deals with jurisdiction of the Court to try the suit in which the issues relating to the jurisdiction of the Court is one of the issues but not concerning with the jurisdiction of another Court or the same Court in trying another suit. So the provisions of Order 14 of the Code do not apply to the present petition.