RADHANATH JENA Vs. JADUNATH JENA

JUDGEMENT

(1.) THE plaintiff has filed this revision againat the order of the trial court directing Issues Nos. II and III to be heard as preliminary issues. The aforesaid two Issues are as follows : - -

(2.) SO far as Issue No. II is concerned, it may be necessary for the patties to adduce evidence relating to the territorial jurisdiction of the trial court and at this stage it cannot be said that the said question is a pure question of law. Similarly, so far as Issue No. III is concerned, it is the case of the plaintiff that the decision in T. S. No. 105/95 was obtained by fraud. For deciding as to whether such a decree was obtained by fraud, it is necessary for the parties to adduce evidence. In other words, both the Issues may require some evidence to be adduced before an appropriate decision can be taken.

(3.) THE Civil Revision is accordingly allowed. There will be no order as to costs.