The Pamali Jado Company Op. Agricultural Service Society vs Megha Singh

S.S. Kang, J.—This judgment will dispose of Civil Revision petitions Nos. 1467, 1971 and 1972 of 1980, as common questions of law are involved in them.

The Plaintiff-Respondents have filed different suits for permanent injunction against the Dafendant-Petitioners. In the written statements filed by the Dafendants certain preliminary objections have been taken regarding the jurisdiction of the court and the bar to the suit being competent. The trial Court has framed issues arising out of the respective pleadings of the parties. The Dafendants had moved separate applications under order VII, Rule 11, CPC in all these suits, praying for the rejection of the plaints. These applications have been declined by the learned trial Court. Aggrieved by these order, the Dafendant-Petitioners have filed these revision petitions.

I have heard the learned Counsel for the parties. It is manifest from the judgment of the learned trial Court that he has proceeded to decide the case under some misconception of law. The Dafendants had raised pleas of law regarding the jurisdiction of the court to try the suits. He had also raised certain pleas that the suits were not maintainable in view of positive statutory mandate against their continuation. The learned trial Court has acted with material irregularity in holding that the applications under Order VII, Rule 11, Code of Civil Procedure, were not competent. The reasons given by the learned trial Court do not commend themselves to me. The points raised in these applications have been made the subject-matter of separate issues. The trial Court has also framed other issues regarding the jurisdiction of the Civil Court, as also the maintainability of the suits in view of certain statutory bars, as contemplated under Order XIV, Rule 2, Code of Civil Procedure. Since these issues raise questions of law, they should be tried as preliminary issues in accordance with the provisions of order XIV Rule 2, Code of Civil Procedure.

Therefore, I allow these revisions petitions, set aside the orders dated 17th March, 1979, passed by the trial Court. I further direct that keeping in view the provisions of order XIV, Rule 2, Code of Civil Procedure, issues relating to the jurisdiction of the Court or a bar to the suit created by any law for the time being in force, be disposed of in accordance with law, treating them to be as ''preliminary issues''.

The parties are directed through their learned Counsel to appear before the learned trial court on 2nd of June, 1981. No costs.