SAVITRI DEVI Vs. NEMICHAND

JUDGEMENT

(1.) THE present appeal has been filed by the appellant-plaintiff under Section 96 of the CPC challenging the judgment and decree dated 23.2.11 passed by the Addl. District Judge No.3, Ajmer (hereinafter referred to as 'the trial court') in Civl Suit NO. 173/10 (84/06, 254/09) whereby the trial court has dismissed the suit of the appellant only on the ground of non-joinder of necessary parties.

(2.) WITH the consent of the learned counsel for the parties, the appeal was heard finally at the admission stage.

(3.) FROM the bare reading of the said provision it clearly transpires that though the case may be disposed of on a preliminary issue, the court has to pronounce judgment on all issues, except where the court is of the opinion that the case or any part thereof could be disposed of on the issue of law only, it may try that issue first and postpone the settlement on other issues. It is also necessary that such issue of law must relate to the issue of jurisdiction of the court or of a bar to the suit created by any law for the time being in force.