appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court ... preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a re-trial is considered
preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a re-trial is considered ... reversal of the decree disposing of a suit on a preliminary point; and in other cases, where the judgment of the Trial Court is reversed
appeal is preferred has disposed of the suit upon
a preliminary point and the decree is reversed in
appeal, the Appellate Court ... preferred has disposed of the case
otherwise than on a preliminary point, and the
decree is reversed in appeal and a retrial is
considered necessary
appeal is preferred has disposed
of the suit upon a preliminary point and the
decree is reversed in appeal, the Appellate
court ... provision clearly empowers the
appellate court, whenever a finding on the preliminary
point given by the trial Court is set aside, normally the
first appellate
trial Court has not disposed of the suit on a
preliminary point but has delivered judgment on merits it is
the duty of the appellate ... preliminary issue. There are, however, cases in which
suits have not been disposed of on a preliminary point and
yet the Courts have been exercising
View of the aforesaid
"considered as a preliminary
pOint"._"' I . . ._ l 0
3. .. au'Thev
case. The learned Subordinate Judge heard the parties on the preliminary point regarding the maintainability of the suit against the respondent. After examining the decisions
decide the question of
maintainability of the eviction petition as a
preliminary point. Though this application
was filed ... been
taken up.
4. The sole question that arises under this preliminary point is whether a landlord is entitled to seek eviction of a tenant
Bhattachargee on a preliminary objection. The Supreme Court held thus (at page 480 of 118 ITR) :
"The preliminary objection raised by Shri ... liabilities of parties... In short, Settlement Commissions are Tribunals. The preliminary point fails."
19. Thus, the Settlement Commission is held to be a Tribunal
what is stated in the latter proviso, but a decision on that point does not arise in this case and may well be left ... court-fee paid by plaintiff in the lower court.
6. A preliminary point of objection was raised by Sri Lakshminaranappa who appears for the respondents
