STATE OF M.P. Vs. BABULAL

JUDGEMENT

(1.) THE revision is directed against the order dtd. 31.3.93 of XIth Additional Judge to the Court of District Judge, Indore passed in Civil Suit No. 18/91, whereby the Court has directed issue Nos. 11, 12 and 13 i.e., issues regarding Court fee, Limitation and Res -Judicata to be decided as preliminary issues. .

(2.) THE brief history of the case is that the applicants here have filed a suit against the defendants -non applicants (here) regarding declaration and possession of the suit property. The defendant resisted the claim and on the pleadings of the parties issues with respect of sufficiency of Court fee, Limitation of and Res -Judicata were framed. The case was fixed for arguments an those points. The case was adjourned for manY.l1 dates and, thereafter plaintiff filed an application under section 1S1.C.P.C. that the issue Nos. 11, 12 and 13 be not tried as preliminary issues as the evidence in the case in required. As against it learned counsel for the defendant submitted that all the three points can be disposed of as preliminary issues and that requires no evidence. The learned trial Court has rejected the application of the plaintiff and directed that the issue Nos. 11, 12 and 13 shall be decided as preliminary issues.

(3.) NOW , in such cases the Court should see as to whether the case can be disposed of on preliminary issues and whether those preliminary issues can be decided without taking evidence of any kind. If there is dispute on certain facts and that requires enquiry or evidence the matter cannot be disposed of as preliminary issues.