9911796707
TMI Blog1931 (9) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... and then it is alleged that prior to 1926 he committed various wrongful acts against the plaintiff, in particular it is alleged that the plaintiff is the owner of a house in Bombay and that the defendant wrongfully took possession of the house and its contents and also ornaments of considerable value belonging to the plaintiff and remained in possession for eleven years; and then it is alleged that the defendant wrongfully imprisoned the plaintiff, and for those various matters damages are claimed. 2. The defendant entered an appearance and took various steps in the action, which I need not go into in detail, On July 18, 1927, the defendant put in a preliminary written statement, in which he claimed that he was not liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake up a defence under Section 86 of the Civil Procedure Code, and having regard to that disclaimer on the part of Mr. Jinnah, the learned Judge thought that the trial of the preliminary issue previously directed had become unnecessary, and he therefore directed that three fresh issues should be placed on his board for trial. Those issues, which have been tried by the learned Judge, are in these terms :- 1. Whether the acts complained of or all material acts complained of in the plaint were done by the defendant in his capacity as the Ruling Prince of Indore or by the Government of Indore ? 2. Whether in any event the acts or all material acts complained of in the plaint were acts of State ? 3. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... between the parties, that all the allegations in the plaint are true, when that supposition is not binding upon and is not accepted by the witnesses called upon the issue. 6. Under Order XIV of the Civil Procedure Code it is the duty of the Judge at the first hearing of the suit to frame issues based upon the differences between the parties which appear to exist from the pleadings, and under Rule 2 of that Order the Judge may frame a preliminary issue of law. That Rule 2 seems to be intended to introduce the practice which used to be known in England before the passing of the Judicature Act of 1873 as demurrer . That means that the defendant may gay that, assuming the truth of all the allegations in the statement of claim n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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