What is preliminary objection and when to use

@ Author,

A preliminary objection is in the nature of what used to be a demurrer. It raises a pure point of law which is argued on the assumption that all the facts pleaded by the other side are correct. It cannot be raised if any fact has to be ascertained or what is the exercise of judicial discretion.

So far as I follow in practice procedures before various Courts, a preliminary objection consists of a point of law which has been pleaded or which arises by clear implication out of the pleadings, and which, if argued as a preliminary objection, may dispose of the suit. Examples are an objection to the jurisdiction of the court, or a plea of (time) limitation, or a submission that the parties are bound by the contract giving to the suit to refer the dispute to arbitration etc etc.

The aim of a preliminary objection is to save the time of the court and of the parties by not going into the merits of an application because there is a point of law that will dispose of the matter summarily.

In light of above practice observations the other thread pointed by you and running in public domain disclosing about to file prelimenary objection application by one of the party is not only a bad disclosure in public domains but will not bring any result other than 'experimentation' and cost will be pressed by other side and awarded is my summary view. Most of the points raised with respect to the querier in THAT application (Word / PDF) none of the points are worth consideration of the concerned Court. Reason being they are all purely mixed points of law and facts. The facts required proof of evidence. For servicing (establishing) evidence trial is a must and unless that is proceeded how on earth such vague preliminary objection could be summarily allowed by concerned court at starting stage of the trial proceedings under that Code!!!!! hence in that respect, I think, the ld. Magistrate / Judge will struck them out and proceed with the main case.



Prelimenary objection is stage one of start of a trial if a attentive smart ld. adv. wants to confidentlypush his clients side articulately and rarely used after w/s filing and even if have to file then leave of the Court needs to be taken quoting substantial point of law on merit taken on Board and ready to meet cost undertaking if I fail to succeed.

My Dear,

 

What a thorough answer.  Kudos.

 

Awesome Tajob,

 

Zeeshan, the only preliminary objections which can make the case fir for dismissal should be raised.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Tajobsindia, Can I mention unclean hands in preliminary objections with proof. I have a divorce petition from wife where she has intentionally suppressed various facts/truths. Can I mention those point wise and then say that the litigant who came with unclean hands and the petition is liable to be dismissed. Regards