ABDULLAH SHAH Vs. AMIN SHAH AND ORS.

JUDGEMENT

(1.) Instant revision petition is directed against the order dated 03.07.2013, passed by the Court of Munsiff, Shopian, where-under three preliminary issues have been decided. For appreciating the matter in its right perspective, it shall be advantageous to precisely notice the factual matrix:

(2.) Before adverting to the legality or otherwise of the order impugned, it shall be quite appropriate to mention that the trial court has not adhered to Order X Rule 1A. Order X Rule 1A reads as under:

(3.) Now adverting to the legality or otherwise of the order impugned, the trial court has committed a grave error while deciding the preliminary issues which position is evident from the findings returned.