LAKHAN LAL SHARMA Vs. MAHABIR LODHI

JUDGEMENT

(1.) The present writ petition has been preferred under Article 227 of the Constitution of India against the order, passed by the Munsif, Jamshedpur dated 19th May, 2010 below an application preferred by the original Defendant under Order XIV Rule 2 of the Code of Civil Procedure in Title Suit No. 114 of 2009 whereby, preliminary issues raised by the present Petitioner (original Defendant No. 3) have not been accepted to be decided by the trial court mainly on the ground that these preliminary issues required cogent and convincing evidence to be led before the trial court and therefore, they cannot be decided as preliminary issues.

(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following facts and reasons:?

(3.) In view of these facts, no error has been committed by the trial court in dismissing the application raising preliminary issues by Defendant No. 3 under Order XIV Rule 2 of the Code of Civil Procedure. There being no substance in this writ petition. Hence, the same is, hereby, dismissed.