RAMSHARANDAS MOTIRAM Vs. MOTILAL GOPIKISAN

JUDGEMENT

(1.) THIS is a revision petition under section 115 of the Code of Civil Procedure.

(2.) THE plaintiff non-applicant filed a suit against the applicants for the recovery of a sum of Rs. 2,789-00. The suit was resisted by the applicants and preliminary issues regarding jurisdiction and maintainability of the suit etc. were framed on 6-1-1970. Subsequently on an application dated 10-8-1972 filed by the plaintiff-non-applicant the trial Court directed that issue No. 1 alone will be tried as preliminary issue while the rest of the issues will be tried and decided along with the other issues vide order dated 30-9-1972. Being aggrieved thereby the applicants have filed this revision-petition.

(3.) RULE 2 of Order 14 lays down that if the Court is of the opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined. It is, therefore, clear that only question of law can be tried as preliminary issue. In S. S. Khanna v Brig. F. J. Dillon, AIR 1964 SC 497. their Lordships observed as under in paragraph 18 while considering the scope of Order 14, Rule 2 of the Code of Civil Procedure.