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]