FATEH SINGH Vs. JIT SINGH

JUDGEMENT

(1.) The present petition has been filed by the plaintiff against the order of the trial Court date 23rd September, 1978, whereby issue No. 4 i.e. whether the suit is correctly valued for the purposes of Court-fee and jurisdiction, has been found against him and he was further directed to make the deficiency in the Court-fee of Rs. 4,320/- by the impugned order.

(2.) From the impugned order of the trial Court I find that the learned Subordinate Judge heard the arguments for a couple of days and had examined both oral and documentary evidence, but has only confined himself by giving his finding on Issue No. 4. The other issues on which admittedly the evidence has been recorded have not been decided by him. Order 14, rule 2 of the Code of Civil Procedure provides :-

(3.) After hearing the learned counsel for the parties, I am of the opinion that in this case the trial Court has failed to comply with the provisions of Order 14 Rule 2, which provide that the Court shall pronounce judgment on all issues, subject to the provisions of sub-rule (2) thereof. Since sub-rule (2) is not attracted to the facts of the present case, it is proper and in the fitness of circumstances, as well as to do justice between the parties that the trial Court should decide and pronounce judgment on all the issues.