Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - An issue can be decided as preliminary issue when Court is of opinion that case or any part thereof may be disposed of "on an issue of law only" - However, it is further limited to the contingency that issue to be so tried must relate to the jurisdiction of Court or a bar to the suit created by a law in..........
Civil Procedure Code, 1908, Section 9A, Civil Procedure Code, 1908, Order 14, Rule 2 -- S.9-A makes a complete departure from the procedure provided U.O.14.R.2 CPC - Express mandate of provision of S.9-A of the Code is to decide the issue relating to jurisdiction of Court as a preliminary issue notwithstanding the provision contained in O.14.R.2 CPC - However, in other..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Money lender - Issue as to - Cannot be decided as preliminary issue as plaintiff whether is a money lender or not and whether financial help/assistance given by plaintiff to defendant was a loan can only be determined after evidence is adduced by both the parties on said issue - This issue cannot be..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Plea of limitation - Plea of limitation is a mixed question of fact and law - When issue of limitation requires an inquiry into facts it cannot be tried as a preliminary issue. (Para 18)
Cases referred:
2011(3) Civil Court Cases 295 (S.C.) : 2011(2) Apex Court Judgments 677 (S.C.) (Para 15); AIR..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Jurisdiction - Not obligatory on Court to decide issue relating to jurisdiction as preliminary issue - Words `it may try' in O.14.R.2(2) clearly indicate that discretion is given to Court and no duty is cast upon Court to decide any issue as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue relating to bar of jurisdiction of Court - Requires to be decided on rival pleadings and evidence - Cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Three issues viz. (a) issue relating to inherent jurisdiction; (b) limitation; (c) pecuniary jurisdiction tried as preliminary issues - Once the Court came to a conclusion that it does not have pecuniary jurisdiction to entertain the suit, it ought not to have proceeded for rendering the decision on the..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - An issue for which evidence is required to be led cannot be treated as a legal issue and, therefore, cannot be treated as a preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - O.14.R.2 CPC does not confer jurisdiction on a Court to decide mixed questions of fact and law as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - House tax whether forms part of rent - There is no provision in the TP Act much less in the Delhi Rent Act that House Tax forms part of rent - There is also no admission in the rent agreement that defendant is liable to pay house tax by treating the same as part of rent - Whether house tax is or is not..........
