Preliminary issues can be those where no evidence is required. Thus, for instance, on basis of reading of plaint or applicable law, if jurisdiction of court or bar to suit is made out, court may decide such issues with sole objective for expeditious decision. Or. 14 R. 2 has a salutary object in mind that mandates court to pronounce judgments on all issues subject to provisions of Or. 14 R. 2(2). However, in case where issues of both law and fact arise in the same suit and court is of the opinion that case or any part thereof may be disposed of on an issue of law only, it may try those issue(s) first, if they relate to jurisdiction of court or a bar to suit created by any law for time being in force. It is only in those circumstances that findings on other issues can be deferred. Thus if the court lacks jurisdiction or there is a statutory bar, such issue is required to be decided in the first instance so that the process of civil court is not abused by litigants, who may approach the civil court to delay the proceedings on false pretext.

[Sathyanath v. Sarojamani, (2022) 7 SCC 644]

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Do not copy the content of this website.

Terms And condition

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising.