Cpc
Surrender K SINGAL
(Querist) 01 October 2013
This query is : Resolved
If any court proceeds for fixing date for crossexamination of the Plaintiff on his evidence by way of Affidavit WITHOUT either Admission / Denial of Documents or framing of Issues, how can Preliminary Issue, urged upon by the Defendant be argued / decided before proceeding with trial of a Suit seeking to nullify an executed Decree passed by a sister (equal) Civil Judge that too by a non-joinder to the Original Suit decreed in 2008 ?
R.K Nanda
(Expert) 01 October 2013
state facts clearly.
Surrender K SINGAL
(Querist) 01 October 2013
How can a Preliminary Issue of jurisdiction and maintainability, be argued / got decided before proceeding with trial of a Suit, seeking to nullify an executed Decree passed by another (equal) Civil Judge. present Suit is by a non-joinder to the Original Suit, decreed in 2008 ?
Kiran Kumar
(Expert) 02 October 2013
Workout on Oder 21 Rule 101 CPC, may be you will be able to find some law in your favour.
