court to decide all issues even suit can be decided on preliminary issue
Under Or. 14, r. 2, where issues both of
law and fact arise in the same suit and the court is of the opinion that
the case ,or part thereof could 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 settlement of the issues of fact until after the issues of
law have been determined. The jurisdiction to try issues of law apart from
the issues of fact may be exercised only where in the opinion of the Court
the whole suit may be disposed of on the issues of law alone, but
the Code
of Civil
Procedure confers no jurisdiction upon
the court to try a suit on mixed issues of law and fact as preliminary issues.
Normally, all issues
in the suit should be tried by the Court;
not to do so ,especially when the decision
on issues
even of law depends upon the decision of issues of fact, would result in
a lop-sided trial of the suit
Supreme Court of India
Major S. S. Khanna vs Brig. F.J. Dillon on 14 August, 1963
Equivalent citations: 1964 AIR 497, 1964 SCR (4) 409
Bench: S C.
BENCH:
