P.A. Mohammed, J.

1. The Correspondent of "Chinmaya Vidyalaya" in Balla village of Hosdurg Taluk is the revision petitioner. He is the second defendant in the suit filed by the first respondent, who is a teacher in the nursery section of the school run by "Chinmaya Mission". In the suit, the first respondent, inter alia, prayed for a mandatory injunction to reinstate her in the service of "Chinmaya Vidyalaya'. The suit was filed when her service was terminated by the Management on 21-8-1989. The revision arises from an order passed by the court below on a preliminary issue namely "Whether the court has jurisdiction to try the suit". Without taking evidence, the court below found that it has jurisdiction to try the suit. The correctness and legality of this finding is challenged in this revision.

2. Sub-r.(2) of R.2 of O.14 of the Code of Civil Procedure is thus:

"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 if first 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