K V KOHLI Vs. STATE

JUDGEMENT

(1.) I. A. No. 16670/2011 (Under Sections 45 and 73 of Indian Evidence Act)

(2.) A reading of this order shows that when issues were framed on 30.8.2011, no request was made to treat issue no. 2 as a preliminary issue.

(3.) Before I come to the facts of this case, the legal position will have to be examined with regard to issues; a preliminary issue, a preliminary issue which is an issue affecting jurisdiction of the Court or is a legal issue containing bar to the suit created by law; and finally as to whether it is compulsorily mandated that the Court must necessarily first decide the preliminary issue merely because it falls in sub rule (2) of Order 14(2) CPC.