KULBHUSHAN Vs. KRISHAN LAL

JUDGEMENT

(1.) This revision petition is directed against the order of the Trial Court date July 18, 1988, whereby issue No. 3 was treated as preliminary and the parties were given an opportunity to lead evidence, if any, thereon.

(2.) Originally, the suit was filed on Sept. 5,1983 which was dismissed on April 9, 1984. However, on appeal the said decree was set aside and the case was remanded to the Trial Court for fresh decision. Earlier, vide order dated April 9, 1984, an application filed by the plaintiff respondent for the appointment of a Civil Engineer or some overseer to assess the exact value of the suit property was dismissed. Even revision petition against the said order was dismissed by this Court on March 28,. 1985. Thus, the said order has become final between the parties.

(3.) The learned Counsel for the petitioner submitted that in view of the Trial Court order dated April 9, 1984, which had become final, the question of leading any evidence on issue No. 3 as such did not arise and, therefore, that part of the impugned order is liable to be set aside. On the other hand the learned Counsel for the plaintiff-respondent submitted that the earlier, only the application for the appointment of a Civil Engineer or some overseer to assess the exact value of the 'suit property was dismissed and, therefore, that order as such did not debar him from leading any evidence as regards the valuation of the property. At the most, he may not be allowed to produce the Civil Engineer or an overseer, he may be allowed to lead other evidence. He also submitted that the statement made earlier that the property was worth rupees one crore was made foolishly and thus was not binding upon him.