Orissa Court April 1969 Judgments
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Ram Saraf Vs. Mani Dei and anr.
Court: Orissa
Decided on: Apr-04-1969
Reported in: AIR1969Ori295; 35(1969)CLT602
G.K. Misra, J.1. There were 8 issues in the suit. An application was filed by defendant No. 1 that issues 7 and 8 should be tried as preliminary issues. Those issues are :--'(7) Is the suit maintainable in view of Article 113 of the Limitation Act?(8) Is the suit barred under Order 2, Rule 2 C. P. C.?'The learned Munsif rejected this prayer. Against the order this Civil Revision has been filed.2. The other important issues are issues Nos. 3 to 5. They are:--'(3) Is the suit barred by principle of constructive res judicata?(4) Has the plaintiff acquired right of easement either by grant or necessity?(5) Is the deed of agreement dated 19-3-57 a fraudulent document?'3. Mr. Mohanty contended that on the face of the averments in the plaint the suit is barred by limitation under Article 113 of the Limitation Act, and on the face of the judgment in certain previous suits the present suit is barred by Order 2, Rule 2 C. P. C.4. It is well known that the suit must be tried as a whole and not pi...
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