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Kunwar Aidal Singh Vs. L. Pearey Lal and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1920All170(2); 56Ind.Cas.248
AppellantKunwar Aidal Singh
RespondentL. Pearey Lal and ors.
Excerpt:
civil procedure code (act v of 1908) section 115 - interlocutory order deciding preliminary issues--revision, whether entertainable. - - the, common defence to the two suits was that they wore bad for misjoinder of causes of action and of parties and that the plaintiff was seeking a partial sale which was not permissible under the law. the applications, therefore, fail and are dismissed with costs, including fees in this court on the higher scale.1. the two applications nos. 18 and 19 of 1920 are applications in revision and have arisen out of two suits filed in the court below on foot of three mortgages. the, common defence to the two suits was that they wore bad for misjoinder of causes of action and of parties and that the plaintiff was seeking a partial sale which was not permissible under the law. the lower court disposed of both the points against the applicants. they have, therefore, some up in revision to this court and contend that the judge of the court below was in error in deciding the said issues against the applicants. we think that the present applications are not entertainable. the points that have been decided against the applicants can be made the subject matter of appeals if the two suits are eventually decided.....
Judgment:

1. The two Applications Nos. 18 and 19 of 1920 are applications in revision and have arisen out of two suits filed in the Court below on foot of three mortgages. The, common defence to the two suits was that they wore bad for misjoinder of causes of action and of parties and that the plaintiff was seeking a partial sale which was not permissible under the law. The lower Court disposed of both the points against the applicants. They have, therefore, some up in revision to this Court and contend that the Judge of the Court below was in error in deciding the said issues against the applicants. We think that the present applications are not entertainable. The points that have been decided against the applicants can be made the subject matter of appeals if the two suits are eventually decided against the applicants. The applications, therefore, fail and are dismissed with costs, including fees in this Court on the higher scale.


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