RANJEET SINGH Vs. RAMVEER SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India inter alia assails the order passed on 15.11.2011 in Civil Suit No.59-A/2012 by Civil Judge, Class-II, Mehgaon, District Bhind, whereby the trial Court has directed the defendant to adduce evidence in support of issue no.6 regarding deficit valuation of the suit and payment of the Court fees. Trial Court, thus, intends to decide issue no.6 before deciding those issues which were already framed on 29.08.2011.

(2.) Learned counsel for rival parties are heard on the question of admission.

(3.) Learned counsel for petitioner relying on decision of the Apex Court Ramesh B. Desai v. Bipin Vadilal Mehta, 2006 5 SCC 638 contends that once having found the issue no.6 to be involving mixed question of fact and law, the trial Court could not have proceeded to decide the said issue by postponing the decision on the other issues. It is contended that an issue can be decided before the other issues when the same relates exclusively to law. The powers to postpone other issues to decide a preliminary issue first, cannot be exercised when the preliminary issue requires adducing of evidence.