Code of Civil Procedure, 1908 – Order XIV, Rule 2 – Civil Procedure – Preliminary Issue – Jurisdiction – A petition filed under Article 227 of the Constitution of India challenges an order passed by the learned Civil Judge, Shimla, Himachal Pradesh, allowing the defendants to lead evidence on a specific issue before other issues were addressed in a civil suit.
The plaintiffs sought a declaration that a gift deed was not binding upon their rights over certain land and also prayed for a permanent injunction. The plaintiffs argued that the court erred in allowing the defendants to lead evidence on a preliminary issue regarding jurisdiction without framing it as such, especially after granting the plaintiffs permission to present their evidence. The defendants contended that the court rightly considered the jurisdictional issue as a preliminary one, permissible under Order XIV, Rule 2 of the CPC.
The court examined the provisions of Order XIV, Rule 2 CPC and held that while a court may decide a preliminary issue of law first, it should pronounce judgment on all issues together unless certain conditions are met.
The court emphasized that issues involving mixed questions of law and fact cannot be decided as preliminary issues and must be adjudicated along with other issues. Since the plaintiffs’ suit involved questions of title and injunction, the court found it improper to decide the jurisdictional issue as a preliminary matter.
The impugned order was quashed, and the trial court was directed to decide all issues together, with the plaintiffs having the first opportunity to present their evidence on all relevant issues. (Para 36 and 37)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 17 HP
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Govind Singh Kanwar And Another Vs. Ranjeet Singh And Others
CMPMO No. 336 of 2023-Decided on 05-01-2024
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