- (1.) THIS is a civil revision under Section 115 of the Code. The plaintiff filed a suit for perpetual injunction against the defendants restraining them from interfering in any manner with plaintiff's possession of certain plots detailed in the plaint. The suit was filed in the Court of the Second civil Judge of Meerut. The defendants filed a written statement in which, among other pleas, a plea was taken that the civil Court had no jurisdiction to try the suit. The learned Judge framed a number of issues and under Order 14, Rule 2 of the Code he decided to try the issue of law first.
(2.) ORDER 14, Rule 2 of the Code is as follows : "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 the issues of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined. " On 2-11-1953, the learned Civil Judge held that the civil Court had jurisdiction to try the suit. It is against that decision that this civil revision was filed. .
(3.) A preliminary objection is raised by the other side that no revision lies and learned counsel has relied on a decision of a Pull Bench of this Court in -- 'buddhoo Lal v. Mewa Ram', AIR 1921 All 1 (PB) (A ). The facts of that case were exactly similar. The jurisdiction of the Court had been challenged. The issue as regards jurisdiction was tried as a preliminary issue and it was held that the Court had jurisdiction. A revision against that decision was dismissed on the ground that it was not a 'case decided'.;