SHREE KRISHNA MURARI CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 04.08.2018 passed by the Civil Judge, Sr. Division-VII has been assailed by which the preliminary issue with respect to deciding the maintainability of the suit has been framed.

(2.) Learned counsel for the petitioner by referring to the order passed by this Court in W.P.(C) No.6990 of 2017 dated 06.02.2018 (Annexure-4) has submitted that he has approached this Court seeking two fold reliefs; first pertains to disposal of application filed under the provision of Order XXXIX Rule 1 and 2 C.P.C and application dated 22.07.2017 filed by the defendant Agriculture Produce Marketing Committee, Dhanbad- respondent no.3 for deciding the maintainability of the suit, and this Court by the aforesaid order has been pleased to pass an order by directing the trial judge for early disposal of these applications, but the trial judge although has framed the issue but not in accordance with law, therefore, this writ petition has been filed.

(3.) Mr. Anil Kumar Jha, learned counsel for the petitioner has relied upon the judgment of the Hon'ble Apex Court in the case of Pratima Sinha and Ors vs. Shashi Kumar Narain Sinha and Ors. reported in (2004) 13 SCC 599 wherein while dealing with procedure under Order XIV Rule 1 of the C.P.C the requirement of law is to frame all the issues and if the trial judge is of the view that any of the issues raised would dispose of the suit either wholly or in part then the Judge may on the basis of the provisions of Order XIV Rule 2 decide such issue.