TMI Blog1932 (7) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... d 164 of 1930, holding that the additional issues 14 to 20 raised in suit No. 84, and the additional issue raised in Suit No. 164 which is in the same terms as issue 15 in Suit No. 84, described as issues of law may be tried first, and also that the suits may be disposed of on the issues of law only. 2. The history of the litigation has been set out in very great detail in the application t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake up these issues for decision as preliminary issues, and the application in this behalf was opposed by the petitioner in this Court, as also by Purnendra Narain Deb and Surendra Narain Deb, plaintiffs 1 and 2 in Suit No. 164 of 1930. The objection raised in this behalf has been overruled primarily on the ground that Rule 2, Order 14, and Rule 3, of Order 15, Civil P.C., gave power to the trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir Lordships of the Judicial Committee of the Privy Council, on the ground of inconvenience and costs involved in such procedure, on the facts and circumstances of the particular cases before them; but it is impossible to lay down a general rule in this behalf. In the case before us regard being had to the history of the litigation and in view of the line of defence taken after the Bijni Successi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional issues 14 to 20 in Suit No. 84 and the additional issues raised in Suit No. 164, for trial. The parties are to be called upon to adduce evidence bearing upon those issues, if the Subordinate Judge considers that evidence is necessary for the determination of those issues. In the event of these issues being decided against the plaintiffs, the suit will be dismissed; on the other hand on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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