relevant issues which, in
our opinion, go to the root of the matter.
A. Re : Objection for
framing of the preliminary issues/maintainability
From ... Court vis--vis the present complaint case ( See - Issues 2 and 3]
Since the
preliminary issues/maintainability raised by the owners, as aforesaid, we
called
preliminary issue. However, it cannot be laid down as a strict proposition of law that no such issue can be tried as a preliminary issue ... purpose of deciding the issue of maintainability. If in such cases, the maintainability issue is decided as a preliminary issue, it would be convenient
preliminary issue and thereafter, the trial Court was
directed to decide the preliminary issue on merits. The trial Court
decided the preliminary issue against which ... preliminary issue and to decide the preliminary issue on merits.
Instead of deciding the issue, the learned Judge has directed that
the issue of maintainability
suits for framing issues
specifically contending that the preliminary issue may be
framed with regard to maintainability of the suits for
ejectment as the suits ... part and framed
five additional issues and additional issue No.1 to be heard as
preliminary issue. The said order passed by the Trial Court
impugned order passed by
the sole Arbitrator dated 26.06.2013, on
preliminary issue regarding maintainability is
5 AS.47/2013
maintainable before this court/District court ... impugned order passed by
the sole Arbitrator dated 26.06.2013, on
preliminary issue regarding maintainability is
maintainable before this court/District court,
under Section
made by the Company to
decide issues of jurisdiction and
maintainability as preliminary issues was
rejected by the Industrial Court.
ORDER OF SINGLE JUDGE ... raised preliminary
objections. Issues were framed and a prayer was
made by the Company to decide `issues of law'
as preliminary issues which prayer
Court, an application was filed for determining the maintainability of
the matter as a preliminary issue. However, in the meantime, the
Commissioner had submitted ... requesting the High Court to consider
the maintainability as a preliminary issue. It was submitted that a
wrong statement has further been recorded
Trial Court framed a
173
preliminary issue regarding maintainability and held the
suit to be maintainable. The High Court dismissed the civil
revision against that ... High Court's direction, the Trial Court framed
preliminary issue regarding maintainability of the suit and
by its order dated 15.4.1985, it held
dispute license was revoked. The trial court framed a preliminary issue on maintainability. Relying upon the full Bench judgment in Jugal Kishore (Supra) and after ... notice. On the basis of the written statement a preliminary issue about maintainability of the suit was framed and the suit for mandatory injunction
dismissed, but with direction trial court to take up the preliminary issue of maintainability raised by the revision petitioner herein and to pass orders ... raising the question of maintainability as preliminary issue without producing any documentary evidence before the trial Court and got the petition filed by the revision
