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1977 DIGILAW 359 (MP)

State of M. P. v. Damodar

1977-09-20

P.D.MULYE

body1977
Short Note : 1. The revision had been filed by one of the defendants against an order passed by the Civil Judge Class I, Shajapur, whereby he refused to try the issue about jurisdiction of the Court and maintainability of the suit as a preliminary issue. Held : In the opinion of this Court, the issue about the jurisdiction and maintainability in the present case appears to be a pure question of law considering the pleadings as they stand and in such a situation it must he decided as a preliminary issue which can be done without recording any evidence. Learned counsel for the applicant states that for deciding this issue as a preliminary issue no evidence is necessary. According to Order 14, rule 2 CPC questions which relate to the jurisdiction of the Court and are pure questions of law and the case, or part thereof, can be disposed of as an issue of law, only that issue should be decided first as it relates to the jurisdiction of the Court and is a bar to the suit created by a law for the time being in force and in the present case, considering’s the pleadings of the parties the issue about the jurisdiction and maintainability can be disposed of as a preliminary issue. Case remanded. Revision allowed.