LAWS(P&H)-1980-9-121

JETHA NAND SACHDEVA Vs. JAI RAM

Decided On September 10, 1980
JETHA NAND SACHDEVA Appellant
V/S
JAI RAM Respondents

JUDGEMENT

(1.) This revision petition is directed against the order dated 21st February, 1980 of the Subordinate Judge Second Class, Ballabgarh, ordering the trial of issue No. 3-A in the suit as a preliminary issue. The Court below based its decision on the ratio of Resham Lal and others v. Anand Sarup and another, 1973 RLR 637, for coming to the conclusion that issue No. 3-A be treated as a preliminary issue and tried as such.

(2.) Since there has been amendment to Order 14, Rule 2, Civil Procedure Code, which envisages that where the Court is of the opinion that the suit or a part thereof may be disposed of on an issue of law only, then it may try that issue first if that issue relates to the jurisdiction of the Court or a bar to the suit created by any law for the time being in force. Issue No. 3-A is not a pure issue of law, but it is a mixed issue of law and fact in that evidence could be required to be led to show as to whether the property in dispute is agricultural land or urban property. In view of this, the trial Court in treating issue No. 3-A acted with material irregularity in exercise of its jurisdiction.

(3.) Mr. R.N. Narula, counsel for the respondent, however, has referred me to a Single Bench decision of this Court reported in Hardwari Lal v. Pokhar Mal and others,1978 PunLR 252, in which it has been held that even if the order of the Court below is absolutely without jurisdiction such an order cannot be set aside, unless the order is of the kind which if it had been made in favour of the party applying for revision would have finally disposed of the suit or if that order is allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.