Kanwarjeet Singh Sethi @APPELLANT@Hash State Of Rajasthan

The appellants are aggrieved by the fact that vide order dated 06.04.2018 an application filed by the appellants praying that a preliminary issue be

first decided, which issue relates to a matter of law has been dismissed. The same order also records that the application shall be heard on all the

objections and the submission would be considered together. The word ‘application’ in the second paragraph of the order appears to be a typing

mistake. The word intended to be used is ‘applicant’.

Rule 2 of Order XIV of the Code of Civil Procedure, 1908 reads as under:-

“2. Court to pronounce judgment on all issues:-

(1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce

judgment on all issues.

(2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an

issue of law only, it may try that issue first if that issue relates to-

(a) the jurisdiction of the Court, or

(b) a bar to the suit created by any law for the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues

until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.â€​

From a perusal of sub-rule (1) of Rule 2 of Order XIV it emerges that notwithstanding a case may be disposed of on a preliminary issue, the Court

shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues. The legislative intent obviously is that a judgment should be

pronounced on all issues. However, sub-rule (1) is made subject to the provisions of sub-rule (2).

Sub-rule (2) would require disposal of preliminary issue at the first instance if it relate to either the jurisdiction of the Court or would be a bar to the

suit created by any law for the time being in force.

It appears that learned counsel for the appellants did not draw the attention of the learned Single Judge to the provisions of Order XIV Rule 2 of the

Code of Civil Procedure.

Thus, declining to interfere with the impugned order dated 06.04.2018 we permit the appellants to file another application drawing attention of the

learned Single Judge to the provisions of Order XIV Rule 2 of the Code of Civil Procedure.

Needless to state if the application is filed the same shall be considered by the learned Single Judge as per the intendment of the law enshrined

under Order XIV Rule 2 of the Code of Civil Procedure. The appeal is disposed of.