PITHVI RAJ JHINGTA Vs. GOPAL SINGH

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution of India challenging the validity and correctness of the order dated 21st January, 2006 passed by the learned Civil Judge, Junior Division, Court No. 1, Rohm in Suit No. 116/1 of 2003, on 6th July, 2006 a learned Single Bench of this Court passed a detailed order with respect to the question of law arising for consideration in this petition touching upon the interpretation to be placed upon Rule 2 of Order 14 of the Code of Civil Procedure in so far as this Rule deals with the scope and ambit of the jurisdiction to be exercised by a Civil Court for deciding preliminary issues of law, pure and simple and/or the preliminary issues of law as well as of facts, independent of the other, main issues both of law and fact which might arise for adjudication in the suit and upon which the parties go for trial. For ready reference the order dated 6th July, 2006 passed by the learned Single Judge touching upon the aforesaid aspects and formulating the question of law for consideration by the Full Bench is reproduced hereunder :

(2.) Rule 2 of Order 14, C. P. C. as it presently stands reads as under :

(3.) The present structure of Rule 2 was brought about by the Civil Procedure Code (Amendment) Act, 1976. Before its amendment by the aforesaid amending Act of 1976, Rule 2 read as under :