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Documents citing Chetan Textiles, Bombay vs Jethabhai Hirji & Co. And Ors. on 6 July, 1984

Atma Ram Trust vs Sh. Sanatan Dharam Sabha on 23 April, 2022

In the judgment of Chetan Textiles, Bombay Vs. Jethabhai Hirji & Co. & Others, AIR 1985 Guj. 95 it was held by the Hon'ble High Court of Gujarat that it is not open to the Court after framing of all the issues and recording evidence on all the issues to give a finding only on the one issue and refrain from giving findings on other issues. It was further held that the Trial Court has obviously adopted a course which was not permissible under the law in view of the mandate given under Order 14 Rule 2 CPC. The relevant observations are reproduced herein under:-
Delhi District Court Cites 10 - Cited by 0 - Full Document

Gobinda Kumar Saha vs Tapasi Debangshi on 21 March, 2002

In this connection, Mr. Chatterjee has referred to the ratio decided in the case of Chetan Textiles, Bombay v. Jethabhai Hirji & Co. . In the said case it was held that the spirit behind Order 14 Rule 2 of the Civil Procedure Code is to have all issues decided at a time, except where an issue of law only arises as contemplated in the said Order and Rule. It was observed in that case that where in a suit (regarding money claim) issues are framed and the Court declines to decide the issue of jurisdiction as a preliminary issue and proceeds to record evidence on all the issues, it is not open to the Court in such case to give a finding only on the issue of jurisdiction and order return of plaint for presentation to the proper Court on the ground that the Court had no jurisdiction. Such a course is not permissible under the law in view of the mandate under Order 14 Rule 2 of the Code and in view of that clear mandate the High Court in appeal will not enter into the merits of the finding on the issue of jurisdiction especially when the issue of jurisdiction in the case was not an issue of law only. It was held in that case that the proper course for the High Court would be to set aside the order of the trial Court directing return of the plaint and remand the case to the trial Court for the purpose of recording findings on all the remaining issues and disposing of the suit thereafter according to law.
Calcutta High Court Cites 15 - Cited by 0 - Full Document

Yakub Ali (Now Deceased) vs The Chief Wild Life Wardon on 10 March, 2022

In the judgment of Chetan Textiles, Bombay Vs. Jethabhai Hirji & Co. & Others, AIR 1985 Guj. 95 it was held by the Hon'ble High Court of Gujarat that it is not open to the Court after framing of all the issues and recording evidence on all the issues to give a finding only on the one issue and refrain from giving findings on other issues. It was further held that the Trial Court has obviously adopted a course which was not permissible under the law in view of the mandate given under Order 14 Rule 2 CPC. The relevant observations are reproduced herein under:-
Delhi District Court Cites 8 - Cited by 0 - Full Document
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