HAZARI BAGH CENTRAL CO-OPERATIVE Vs. JAITUNISSA

JUDGEMENT

(1.) THESE first appeal and civil revision application have been heard together since the same order has been challenged both in appeal and civil revision.

(2.) THE brief facts for disposal of these matters are as follows:

(3.) RULE 2 Order 14 provides that notwithstanding a case may be disposed of on a preliminary issue, the court shall subject to the provision of Sub-rule (2) pronounce judgment on all issues. Sub-rule (2) of Order 14 provides whether issues both of law and fact arise in a suit and the court is of the opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue if that issue relates to : (A) jurisdiction of the court or (b) a bar to a suit created by any law for the time being in force. The court can take resort to this Order only after issues are framed. Sub-rule (1) of Order 14 says that issues arise when material proposition of fact and law is affirmed by one party and denied by the other. Sub-rule (5) provides that at the first hearing of the suit, the court shall after reading the plaint and the written statement ascertain as to on what material proposition of fact or of law the parties are at variance and shall thereupon proceed to prepare and record issues on which the right decision of the case appears to depend.