A CHINNARAJ Vs. SAROJA AMMAL

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THE defendants 2 and 4 in O. S. No. 442/1997 on the file of Additional District Munsif, Tindivanam have filed these Civil Revisions challenging the order of the trial court dated 10. 11. 2003. THE two defendants had filed interim applications for considering the question of the pecuniary jurisdiction as well as the sufficiency of court fee paid as preliminary issue. THE trial court, on consideration of materials, has come to the conclusion that it is not necessary to take up such matter as preliminary issue. THE trial court has also observed that the court fee paid is sufficient and it has got jurisdiction.

(3.) ON a perusal of the aforesaid provision, it is clear that ordinarily the court should try all the issues together and an issue may be taken up as a preliminary issue only if it relates to the question of jurisdiction and it is based purely on a question of law. In other words, where for deciding a particular issue relating to jurisdiction evidence would be necessary , such issue should not be considered as a preliminary issue.