JAGJIT SINGH Vs. VINOD KUMAR

JUDGEMENT

(1.) This civil second appeal is against decree dated 12-1-2002 of learned 2nd Additional District Judge, Jammu, whereby he has upheld decree dated 25-7-1995 of learned Sub-Registrar Munsiff, Jammu.

(2.) Mrs. Surinder Kour, learned counsel appearing for appellant, submits that preliminary issues have been decided by the Trial Court without affording opportunity of leading evidence to the appellant, which has prejudiced the case of the appellant. She submits that issue of limitation, being an issue of fact and law, could neither be treated nor decided as preliminary issue.

(3.) Finding of the learned Trial Court holding the appellant out of possession too has been questioned by the appellant. Learned counsel for the appellant submits that the appeal raises a substantial question of law. She has termed the pleas urged by her as substantial questions of law.