<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1990 (8) TMI 417 - ALLAHABAD HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=305843</link>
    <description>After the 1976 amendment to Order XIV Rule 2 CPC, only an issue of law relating to jurisdiction or a statutory bar may be tried as a preliminary issue, and not where limitation or related objections depend on evidence of user, worship, graveyard use, or continuing injury. Objections on misjoinder, non-joinder, representative character of the suit, and the effect of the notification were held not to constitute a bar to the suit. A finding that the property was not validly notified under the Waqf law did not extinguish the waqf or defeat maintainability, and did not justify dismissal of the suit. The suit was therefore directed to proceed to final hearing on all issues.</description>
    <language>en-us</language>
    <pubDate>Wed, 22 Aug 1990 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 27 Dec 2022 12:22:46 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=699934" rel="self" type="application/rss+xml"/>
    <item>
      <title>1990 (8) TMI 417 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=305843</link>
      <description>After the 1976 amendment to Order XIV Rule 2 CPC, only an issue of law relating to jurisdiction or a statutory bar may be tried as a preliminary issue, and not where limitation or related objections depend on evidence of user, worship, graveyard use, or continuing injury. Objections on misjoinder, non-joinder, representative character of the suit, and the effect of the notification were held not to constitute a bar to the suit. A finding that the property was not validly notified under the Waqf law did not extinguish the waqf or defeat maintainability, and did not justify dismissal of the suit. The suit was therefore directed to proceed to final hearing on all issues.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Wed, 22 Aug 1990 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=305843</guid>
    </item>
  </channel>
</rss>