Surinder Kumar vs Shiva Rice General Mills and others

Pritpal Singh, J.

In this revision petition the framing of a preliminary issue in a suit for preemption by the learned trial Court has been assailed on the plea that Order 14 rule 2, Code of Civil Procedure enjoined upon the trial Court to frame all issues on the pleadings of the parties. It is, therefore, prayed that the impugned order may be set aside and the learned trial Court may be directed to try the suit as a whole and not in piece meal.

On hearing the learned counsel for the parties, I find no merit in this petition. No doubt as a general rule the trial Court is expected to pronounce judgment on all the issues under Order 14 Rule 2 subrule (1), but this is subject to the exceptions provided in subrule (2). According to this sub rule, where issues both of law and fact arise in the same suit and the Court is of the opinion that the case or any part thereof may be disposed of on an issue of the 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, postpone the settlement of the other issues until after the preliminary issue has been determined. The instant case is covered by this exception. The plaintiffpetitioner has claimed possession of the suit land by way of preemption. It is submitted by the learned respondents'' counsel that plaintiff is sought to be nonsuited by the defendants respondents on the objection that the suit land is exempt from preemption as per a Government Notification dated November 25, 1981. It is on this objection that the learned trial Court has framed a preliminary issue in the following terms:

"Whether the suit land is exempt from preemption as alleged?"

A government notification has the force of law. The defendants have raised an issue relating to a bar to the plaintiff''s suit on the strength of a Government notification exempting the land in dispute from preemption. Clearly, therefore, the preliminary issue framed by the trial Court relates to a bar to the suit created by the aforesaid notification having the force of law. Order 14 rule 2 subrule (2) manifestly empowers the trial Court to try this issue as a preliminary issue and there is no infirmity in the impugned order.

In this view of the matter I find no merit in this revision and it is hereby dismissed with costs. Counsel fee Rs. 200/.