NANAK CHAND Vs. DURGA PERSHAD BRINJA

JUDGEMENT

(1.) ON 6-3-1952, in Civil Suit No. 5 of 1951, the Court of first instance fixed the following issues: " (7) Whether defendant 4 is a 'bona fide' purchaser for valuable consideration of the Daily 'prabhat' ? If so, what is its effect on the suit ? Onus on defendant 4. (8) Whether the suit is not properly valued for purposes of court-fee and jurisdiction ? Onus on defendant 4. (9) Relief. " on 6-3-1952, the case was adjourned to 8-3-1952. On 8-3-1952, counsel for defendant 1 stated that defendant 1 would examine evidence on the issues fixed on 6-3-1952. Plaintiff maintained that defendant 1 had no right to examine evidence on the issues set out above. For arguments on the point the case was adjourned to 13-3-1952.

(2.) FINDING that defendant 1 had no right to lead evidence on the issues set out above, the Court refused to allow defendant 1 to examine evidence on the issues.

(3.) FROM the order passed by the Court of first instance on 13-3-1952, defendant 1 has come up in revision.