KALU RAM Vs. AMAR SINGH

JUDGEMENT

(1.) D. S. Sinha, J. Heard Sri Shiv Shankar Mishra, holding brief of Sri V. K. Shukla, learned counsel for the defendant- applicant.

(2.) THE half portion of the agricultural land of the plaintiff-opposite party No. 1 bearing No. 209 measuring 9 Bighas 6 biswas and 8 biswansis situate in village Wazirabad, tehsil Jansath, district Muraffarnagar, was auctioned on 1st December, 1980 in connection with the realisation of Sales Tax dues against him. THE applicant is the auction purchaser of the land.

(3.) SUB-rule (2) of Rule 2 of Order XIV of the Code of Civil Procedure, 1808 hereinafter called the Code, provides that where the issues both the 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 an issue of law only, it may try that issue first if that issue relates to the jurisdiction of the Court, or a bar to the suit created by any law for the time being in force and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.