Govind Ram Bajaj & Ors. v. Ram Kuamr Bajaj & Ors.

.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 04-09-2013 Heard both sides. This is an application seeking clarification/ modification in the earlier order dated 10th May, 2013 passed in Misc. Appeal No. 148 of 2013 arising out of Title Suit No. 2 of 2012 pending before the court of 1st Subordinate Judge, Khagaria. Entire order passed by this Court earlier is very much clear and in Para-10 also there appears a direction to decide what was required by framing the issues which can be decided under the provisions of Order-XIV Rule 2 of the C.P.C. which reads as such:-

2. Court to pronounce judgment on all issues- (1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues. (2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to- (a) the jurisdiction of the Court, or (b) a bar to the suit created by any law for Patna High Court MJC No.3780 of 2013 (4) dt.04-09-2013 2 the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.

There appears no need to observe anything more. Accordingly, this application stands disposed of. (Akhilesh Chandra, J) Abhay/-