LAWS(RAJ)-1955-3-35

PROHIT SWAROOP NARAIN Vs. SUBH KARAN RADHA MOHAN

Decided On March 24, 1955
Prohit Swaroop Narain Appellant
V/S
Subh Karan Radha Mohan Respondents

JUDGEMENT

(1.) THIS is a petition by Prohit Swaroop Narain for leave to appeal to Supreme Court under Art. 133(1)(a) and (b), Constitution of India and S. 109(a), Civil P.C.

(2.) THE order against which the leave to appeal is sought was pronounced by a Division Bench of this Court in Civil Revision No. 80 of 1954 on 25 -11 -1954. The applicant was a defendant in a suit brought by the opposite party M/s. Subh Karan Radha Mohan for the recovery of Rs. 28,9,711 -10 -3 by sale of certain property said to have been mortgaged by the applicant with the opposite party. Two issues namely Nos. 9 and 11 were framed by the Court of first instance on the preliminary objection of the defendant and they are as follows:

(3.) AS to issue No. 11, the Court came to the conclusion that the suit was premature so far as the sale of mortgaged property was concerned. But it held that the plaintiff could get a money decree for the amount sued for. Thereafter, the case was fixed for further evidence of parties.