Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Question of valuation of suit and pecuniary jurisdiction is a mixed question of law and facts - It cannot be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issues - CPC confers no jurisdiction upon Court to try a suit on mixed issues of law and fact as a preliminary issue and where decision on issue depends upon question of fact, it cannot be tried a preliminary stage...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issues - Issue of res judicata is a mixed issue of fact and law and it cannot be decided as a preliminary issue - It has to be decided on proper pleadings and evidence of parties...........
Civil Procedure Code, 1908, Order 14, Rule 2(2)(b) -- Issue of limitation - Can be determined as preliminary issue when it can be determined on admitted facts...........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of law - Issue of law as mentioned in application does not contain issue relating to jurisdiction of Court or a bar to suit created by any law for time being in force - Contention that issue of law has to be decided first, not tenable...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - If issue is a mixed issue of law and fact or issue of law depends upon decision of fact, such issue cannot be tried as a preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - It is one where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, then such issue is required to be decided in the first instance so that process of civil court is not abused by the litigants, who may approach civil court..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata - Issue of res judicata is a mixed question of law and fact depending upon pleadings of parties, the parties to the suit etc. - It is not a plea in law alone or which bars jurisdiction of Court or a statutory bar - Order of High Court directing trial Court to frame..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to Court fee - Only in cases where question of payment of court fee affects the very pecuniary jurisdiction, it is necessary for court to investigate, examine and then decide it as a preliminary issue - In other disputes relating to court fee, it should be left to the discretion of court either to..........
