AIR 1978 RAJASTHAN 138 ::1978 RajLW 298

Rajasthan High Court

Hon'ble Judge(s): Kalyan Dutta Sharma , J

(A) Civil P.C. (5 of 1908) , O.14 R.2— Preliminary issue - What issue must be tried as - Issue depending on question of fact cannot be so tried. Only issue of law going to the root of the case and capable of being decided without recording evidence must be tried in the first instance and decision on the issues of fact should be postponed after the legal issues have been determined. Where the question whether the court-fee was sufficient depended upon the valuation of a wall which was a question of fact. Held, that it could not be tried as a preliminary issue.(Para 5) Anno: AIR Comm. Civil P. C. (8th Edn.), O. 14, R. 2, N. 2. (B) Civil P.C. (5 of 1908) , O.13 R.1, O.13 R.2— Production of documents at later stage - Discretion of court to receive or reject - To be exercised judicially. Where documents were sought to be produced by the plaintiff after framing of issues but before evidence and thereafter even additional issue was framed and the plaintiff filed an affidavit stating that he could not produce them at the earlier stage as he was prevented by his sudden illness in another place and there was no counter affidavit controverting the fact. Held, that the application for production....