THANDA BALA CHAUDHARY Vs. BIRENDRA KUMAR CHOUDHARY

JUDGEMENT

(1.) Upon consideration of an application under Order 14, Rule 2, sub-Rule 2 (a) and (b) CPC preferred by the defendant/respondent in T.S. No. 207/98 seeking the issues relating to cause on action as well as maintainability of the suit, being framed as Issues No. 1 and 5, to be decided as preliminary issues before taking up other issues, the learned Civil Judge (Sr. Division) by his order dated 11-7-2000 accepted the prayer of the defendant/Respondent and those issues No. 1 and 5 were considered to be heard as preliminary issues before going to decide the other issues. Moreso, the said learned Judge by his another order dated 1-9-2000, while dealing with a separate petition under Order 14, Rule 5 read with Section 151 CPC filed by the Plaintiffs/Petitioners praying for framing two additional issues i.e. Issue No. 1 (A) and 1 (B) i.e. whether the Plaintiffs are entitled to get a decree for declaration of their right, title and interest over the property left by late Hem Chandra Choudhury as shown in Schedule 'B' of the Plaint and 'whether the Plaintiffs are entitled to get a decree for recovery of khas possession of the land as shown in Schedule 'C' of the plaint, respectively, deferred the prayer so made holding that it would be convenient to consider such prayer for framing the additional issues only after the final decision of the preliminary issues so framed by the said Court by its order dated 11-7-2000 as already noted.

(2.) Both these orders dated 11-7-2000 and 1-9-2000 are the subject matter of challenge in this Civil Revision.

(3.) The Petitioners as the plaintiffs have instituted the Title Suit No. 207/98 before the learned Civil Judge (Sr. Division) No. 2, Guwahati against the defendant/Respondent for declaration of right, title and interest over the suit land with a prayer inter alia for recovery of the possession. The Respondent has contested the suit by filing written statement. Initially the Petitioners moved the Revenue Court for perfect partition of the suit land claiming their respective shares thereon. Having failed to get their grievances well redressed, the instant Civil Suit has been preferred by he Petitioners. The learned Civil Judge (Sr. Division) upon hearing the learned counsel for the parties has framed the following 8 issues :