MOHINDER SINGH AND OTHERS Vs. KAMALJIT KAUR @ SUKHWANT KAUR AND OTHERS
LAWS(P&H)-1990-6-69
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 08,1990

Mohinder Singh and Others Appellant
VERSUS
Kamaljit Kaur @ Sukhwant Kaur And Others Respondents

JUDGEMENT

J.V. Gupta, A.C.J. - (1.) This revision petition is directed against the order of the trial Court dated 19th November, 1987. whereby the application for treating issue No. 3 as preliminary, was dismissed. One of the issues framed by the trial Court was "whether the plaintiff has no locus standi for filing the present suit - The defendant moved an application that the same be treated as preliminary issue. The trial Court found that this issue could not be treated as a preliminary issue as it cannot be decided without the evidence to be led by the parties. He, however, observed that as per provisions of law the issue which requires evidence, cannot be treated as preliminary.
(2.) After going through the impugned order, I do not find any illegality as to call for interference in revisional jurisdiction. Consequently, the petition fails and it dismissed.
(3.) Since further proceedings before the trial Court were stayed by this Court at the time of motion hearing, the parties are directed to appear in the trial Court on August 1, 1990.;


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