NARAINA NAND Vs. MAHANT RAMDAS AND ORS.

JUDGEMENT

(1.) THIS is a revision by the defendant against dismissal of several applications made by the defendant raising certain objections to maintainability of the suit as well as the adequacy of the Court fees paid by the plaintiff. These applications have been rejected by the trial Court. Hence this revision.

(2.) ADMITTEDLY the defendant has not yet filed the written statement and these objections have been raised merely by filing some applications without filing the written statement. It is obvious that even the objections relating to the maintainability of the suit have to be raised in the pleading contained in the written statement, on the basis of which such objections have to be treated as preliminary issues in the suit. There is no occasion to permit such objections being raised without filing the written statement. In my opinion the revision should be dismissed on this short ground alone. It would be open to the defendant to raise all the objections available to him in the written statement to be filed in the suit. The trial court shall then consider which of the objections give raise to preliminary issues relating to the maintainability of the suit and shall then proceed to decide the same.