JUDGMENT :

C. HARI SHANKAR, J.

1. This appeal assails order dated 18 December 2023, passed by a learned Single Judge of this Court in IA 15528/2023 in CS (OS) 496/2021, [Dr. (Mrs.) Meenakshi Dubey v Mr. Pankaj Aggarwal]. The application, which stands disposed of by the impugned order, was preferred by the appellant Pankaj Aggarwal, [“Pankaj” hereinafter] under Order XIV Rule 2(2)[(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.]of the Code of Civil Procedure, 1908[“CPC” hereinafter], as the defendant in CS(OS) 496/2021, seeking that issues (i), (ii), (iv) and (v), as framed by the learned Single Judge on 2 May 2023, be treated as preliminary issues, as also under Section 10[10. Stay of suit. – No Court sha