SUKHDEV SINGH ALIAS SABHA Vs. SURJIT KAUR

JUDGEMENT

(1.) Surjit Kaur has filed suit for grant of compensation by way of damages on account of the murder of Sukhdev Singh. The suit was contested by the defendant (now petitioner). Certain issues arising out of the pleadings of the parties were framed by the trial court on 11.11.1997. One of the issues relates to the point of limitation. The petitioner filed an application that this issue be treated as preliminary issue. The application was dismissed vide the impugned order. Hence this revision.

(2.) I have heard Shri D.S. Pheruman, learned counsel for the petitioner and Shri Rajesh Bhateja, learned counsel for the respondent.

(3.) Issue of law has not been defined in the Code. Normally if answer to an issue is determinable on the basis of some principle of law, that issue is called an issue of law, as observed in Daljit Singh v. Joginder Singh Sekhon, 1985 AIR(P&H) 184. Also that if the parties want to lead evidence on an issue, that ceases to be an issue of law. Under the old Code all the issues of law were required to be tried as preliminary issues but according to the new rule the issues of law as mentioned in sub-rule (2) can be tried as preliminary issues. In the new rule 2(1) the word "shall" has been replaced by the word "may". That show that a discretion has been given to the Court to try the issue as a preliminary issue or not according to the circumstances of each case. Mixed issues of law and fact cannot be treated as preliminary issues. In this regard, reference is made to S.S. Khanna v. F.J. Dhillon, 1964 AIR(SC) 497.