Specific Relief Act, 1963–Sec. 31–Code of Civil Procedure, 1908–Order 7, Rule 11–View of trial Court that issue as regard to maintainability of suit shall be decided alongwith other issues at the time of adjudication after taking proper evidence–Justification–Issue as regard to maintainability of suit u/
s. 31 is an issue which does not require any evidence–it can be decided by seeing the prayers and pleadings of the suit–Impugned order set aside and directed to decide the application under Order 7, Rule 11.
