adjudication upon legal issues
Pankaj Mehta
(Querist) 25 April 2010
This query is : Resolved
learned experts,
A injunction claiming civil suit was decided after framing of legal issues such as res-judicata, limitation and non complaince of procedure u/o 1 R 8 cpc, and without taking evidence of any party concerned, the suit was dismissed as the legal issues were decided in favor of defendant.
Now the appeal has been preferred by the plaintiff, challanging the judgement mainly on the ground that the trial court has made a manifest error by deciding the case upon legal issues without taking evidence of parties and the issues framed were not purely legal issues and relating with both fact and law.
I have searched a lot but i didnt find any landmark judgment on this topic specially on order 14 cpc
Please suggest me some citations and clarify on this subject--legal issues can be decided without taking evidence whether documentary or oral.
in this case admission-denail of documents by both the parties under order 12 cpc was made before passing the judgements
Surrender K Singal
(Expert) 25 April 2010
Preliminary Issues are meant to be decided on legal merits only so as to save precious time of our judiciary, already over burdened with unimaginable pendency that may not be cleared for decades to come;
However, case no. and citation if any of your favourable decision may pls. be informed for going through the Order that has been made a subject of Appeal ;
Pankaj Mehta
(Querist) 26 April 2010
thanks for the response sir, but i am searching for citations relating with order 14 rule 2 cpc and about limitaion for injunction suits, which can be referred before the appellate court here, favoring the trial court
