Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issues as to maintainability of suit - High Court directed to decide same as preliminary questions of law - Cannot be said to be incorrect - Moreover no prejudice would be caused if issues are taken up and decided by trial Court as preliminary questions of law - No interference warranted in the impugned..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata is very important in civil litigation - Object of S.11 CPC can be fulfilled by treating issue of res judicata as preliminary issue - Trial Court to frame issue of res judicata as preliminary issue and to decide the same after providing opportunity to both the sides for..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of law and fact, which cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Estoppel - Issue of estoppel cannot be considered as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court lacking inherent jurisdiction or express or implied bar in entertaining suit - Civil Court cannot entertain suit - Suit may be disposed of on said preliminary issue only - In all other cases, suit must be decided on all issues...........
Civil Procedure Code, 1908, Order 14, Rule 2(2)(b) -- Preliminary issue - O.14.R.2(2) CPC provides a window to a Court to dispose of a suit or a part of it on an issue of law provided Court is of view that such issue relates to jurisdiction of Court or relates to a bar in any law for time being in force - O.14.R.2(2) CPC facilities fast tracking disposal of a suit (or a..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Objective - Is to expedite hearing of a suit provided Court is of the opinion that suit can be disposed of on a preliminary issue subject to conditions enumerated U.O.14.R.2(2) CPC being fulfilled...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Civil Procedure Code, 1908, Order 14, Rule 2, 5 - - Court cannot proceed and make comments on merits of issue while deciding an application to treat a particular issue as a preliminary issue - Finding given on merits on that issue, set aside...........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Order 14, Rule 2 -- Issue of court-fees - Is always liable to be decided as preliminary issue because Court-fees is payable at the time of filing of the suit and appeal...........
