JAGJIT SINGH MANN Vs. BARINDER PAL SINGH

JUDGEMENT

(1.) Nobody is present on behalf of the respondent. Ex parte proceedings are taken against him.

(2.) The suit giving rise to this revision was filed by the respondent for permanent injunction restraining the defendant from alienating or transferring in any manner the properties in dispute, alleged to be joint Hindu family properties. The defendant raised a preliminary objection in the written statement that the suit was not maintainable. Though an issue was duly framed in this regard, but the trial Court refused to try it as a preliminary issue by the impugned order which led to the filing of this revision.

(3.) The issue regarding the maintainability of the suit was purely a legal issue on the decision of which the whole of the suit could be disposed of. The issue, therefore, ought to have been tried as a preliminary issue. The order of the learned Sub-Judge is wholly unintelligible inasmuch as it was observed that it will not be in the interest of justice to dispose of the application summarily because there is a specific issue. It can, however, impliedly be inferred from the impugned order that the prayer was declined on the ground that the issue will be disposed of after appreciating the evidence, which was yet to be led. This was a wholly unwarranted observation because the issue was purely a legal issue and no evidence was required for its disposal. This petition is, consequently, allowed, the impugned order reversed and the trial Court directed to treat the said issue as a preliminary issue and dispose it of as such.