Petitioner is a defendant who seeks to revise an order by the learned Subordinate Judge of Mayavaram declining to decide first an issue of jurisdiction raised by the petitioner, as a preliminary issue and directing the suit for reasons he gave to be disposed of once and for all on all issues. The issue of jurisdiction appears to be one of mixed law and fact, namely, whether the suit filed under section 92, Civil Procedure Code, with the consent of the Advocate-General does not also come within the scope of section 73 of the Hindu Religious Endowments Act requiring sanction of the Hindu Religious Endowment Board. There are said to be both secular and religious trusts mingled in a general trust being administered by the defendant who has been acting as a trustee of a longstanding family trust. Under Order 14, rule 2, Civil Procedure Code, a Court has ample discretion to try an issue of law if it is of opinion that the case or any part thereof may be disposed of on issues of law only and for that purpose may postpone the settlement of issues of fact till after the issues of law have been determined.

Piecemeal trial of suits have been deprecated in many decisions. In the prolix