SOHAN SINGH Vs. TAN SINGH

JUDGEMENT

(1.) Since common questions of law permeate the two Civil Revision Petitions Nos. 408 and 409 of 1985, they invite a common judgment. The factual matrix shall be taken from Civil Revision No. 408 of 1985.

(2.) Sohan Singh, petitioner, filed a suit for a declaration to the effect that he was in possession of the suit land, described in the heading of the plaint and the defendants had no right or interest in the land and that the registered deed dated 3rd December, 1981, in respect of the above-mentioned land was against law and facts and the said gift in respect of one-half share of the land, measuring 13 Kanals 10 Marlas in favour of defendants Nos. 1 and 2, based on fraud and misrepresentation is null and void and not binding on the plaintiff.

(3.) During the trial of the suit, issues were framed on 29th August, 1984 and the case was adjourned for the plaintiff's evidence on 28th November, 1984. On that day the defendants moved an application under Order 14, Rule 2, Civil Procedure Code, for treating issue No. 7 as preliminary issue. This application was resisted by the plaintiff. However, the application was allowed and issue No. 7 was ordered to be treated as preliminary. Being dissatisfied the plaintiff-petitioner has filed this revision petition.