PRABHUDAYAL Vs. GIRDHARILAL

JUDGEMENT

(1.) THE learned counsels for both the parties agreed that the revision petition may be heard and finally decided.

(2.) HEARD the learned counsel for the revision petitioner and the learned counsel for the non-petitioner.

(3.) FOR the reasons mentioned above, it must be held that by deciding the issue No. 8 as a preliminary issue, the learned Civil Judge (J. D.) has exercised jurisdiction which was not vested in him, in the light of the provisions contained in Order 14 Rule 2 C. P. C. Consequently, this revision petition deserves to be allowed and is hereby allowed. The impugned order dated 8. 10. 1997 by which issue No. 8 was decided in favour of the plaintiff and against the defendant is hereby quashed and set aside and the learned Civil Judge (J. D.) is hereby directed to dispose of the case strictly in accordance with the provisions of Order 14 C. P. C. A copy of this order be sent to the learned Civil Judge without unnecessary delay for information and necessary action. .