PUNJAB BEEJ BHANDAR Vs. KUMAR FERTILIZERS

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 1.9.2007 passed by the learned Additional Civil Judge (Sr. Divn.), Gidderbaha allowing an application moved by the defendant respondent under Order 14 Rule 2(2) CPC to treat the question of jurisdiction to be preliminary issue.

(2.) THE learned counsel for the petitioner vehemently contended that in view of the pleadings of the parties the question of jurisdiction is a mixed question of law and fact, which cannot be decided without allowing the parties to lead evidence, therefore, the Court could not treat it as preliminary issue.

(3.) IN support of this contention the learned counsel for the petitioner has placed reliance on the judgments of this Court in the cases of Ram Kali v. Sohan Lal,1984(*) R.R.R. 211 (P&H) : AIR 1985 (P&H) 124 and Daljit Singh v. Joginder Singh, 1984(2) R.C.R.(Rent) 482 : AIR 1985 (P&H) 184 and the judgment of the Hon'ble Supreme Court in the case of Abdul Rahman v. Prasony Bai , 2003(1) RCR(Civil) 236.