Cpc - issues
Surrender K Singal
(Querist) 21 November 2013
This query is : Resolved
Issues framed include (a) jurisdiction of the civil court to entertain suit to nullify already-excuted Decree of another civil court (b)limitation bar (c) lack of cause of action (d) improper valuation for court fees / jurisdiction; Should these or any of these issues be not decided before wasting further time of the Court in trial through routinely adjourned recording of evidences etc.? Is there any bar on re-application u/O.7 R.11 as the earlier CJ had dismissed earlier application without deciding most of these issues ? Any citation, please ?
V R SHROFF
(Expert) 21 November 2013
Pleasure of court. It should be decided as primary issue, but can be kept with main issue, at final stage also.
Maintan ability usually decided first. go thru cpc.
