BALCHAND MEGHRAJ PAMNANI Vs. BASANTIDEWI RAMSWAROOP

JUDGEMENT

(1.) THIS is a revision from an order dated August 10, 1971 whereby the trial Court has postponed the decision of Issues Nos. 3, 4, 5 and 6 till the decision of the entire suit. The grievance in this revision is that those issues are preliminary issues and the trial Court was bound to decide them first. In not doing so, the trial court refused to exercise its jurisdiction and this Court must interfere under section 115 of the Code of Civil Procedure.

(2.) THE respondents Basanti Devi and Babulal have instituted this suit against the petitioners for recovery of a sum of Rs. 5,000/- on the allegation that they deposited the amount with the defendants, but they are not returning the amount. The suit is resisted by the defendants on several grounds. Six issues were framed in the trial Court, the seventh being a formal issue. They may be reproduced here: -. . (VERNACULAR MATTER OMMITED ). . It is obvious enough that issues 1 and 2 relate to the merits of the suit. Issue No. 3 is about the admissibility of the receipt on the basis of which the suit deposit was made. The objection was that it did not bear proper and adequate stamps. This point can certainly be raised and decided when the receipt is produced in evidence.

(3.) WHEN the issues were framed the trial Court in its order dated July 6, 1971 stated that issues 3 to 5 are legal issues and should be tried as preliminary issues. I suppose the Court meant to say issues 4 to 6 and not 3 to 5, because as would be pointed out just now issue No. 6 is undoubtedly a preliminary issue. The trial court fixed July 20, 1971 for hearing argument on the preliminary issues.