SOROJINI RATH Vs. BHASKAR RATH

JUDGEMENT

(1.) THIS revisional application is directed against an order of the learned subordinate Judge of Parlakhe-mundi rejecting the defendant's prayer for hearing of the issue relating to res judicata as a preliminary issue.

(2.) IT is urged on behalf of the defendant-petitioner that the order of the learned subordinate Judge is not in accordance with the provisions of Order 14, Rule 2, civil Procedure Code which authorises the court to take up a question of law for preliminary decision if it is of opinion that the case or any part thereof may be disposed of on the issues of law only.

(3.) THE trial of a case piecemeal is a serious evil to the parties. It leads to protracted litigation and repeated appeals. It is now well settled notwithstanding the provisions of Order 14, Rule 2 that in appealable cases the trial court should hear all the issues together So as to avoid a remand where the appellate court differs from the trial court on the preliminary issue. But when issues of law going to the root of the jurisdiction of the court arise, the court must try those issues first. In AIR 1971 Pat 313 (Mahabir v. Babu Lal), it was held as follows:-