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SARAL SRIVASTAVA
Pramod Khandelwal – Appellant
Versus
Vinod Khandelwal – Respondent
JUDGMENT :
1. Heard Sri A.K. Goyal, learned counsel for the revisionist/ defendant and Sri Siddharth Srivastava, learned counsel for plaintiff/respondent no.1.
2. The plaintiff/respondent no.1 instituted a suit for cancellation of sale deed dated 30.03.2009 executed by defendant/respondent no.1 in favour of defendant/respondent no.3. The suit was instituted on the ground that the plaintiff/respondent no.1 is the owner of the property in dispute and sale deed has been illegally executed by the defendant/respondent no.1 in favour of defendant/respondent no.3.
3. In the suit, an application under Order 7 Rule 11 C.P.C. was filed by the revisionist/defendant no.1 contending inter-alia that the suit is barred as the sale deed has been executed under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SECURITISATION ACT, 2002') and a case for cancellation of sale deed is registered as Case No.67 of 2008 is pending before the Debt Recovery Tribunal.
4. The trial Court by order dated 01.09.2021 rejected the said application holding that the question whether the suit is barred is mixed question o
The provision under Order 14 Rule 2 C.P.C. is discretionary and not mandatory, allowing the trial Court to decide the issue of jurisdiction as a preliminary issue or with other issues.
Jurisdictional questions, including maintainability of a suit, must be assessed as preliminary issues under CPC Order 14 Rule 2 to ensure efficiency in legal proceedings.
Jurisdictional issues in civil suits involving mixed questions of law and fact cannot be decided as preliminary issues before considering all other issues framed by the court, as mandated by procedur....
All issues of law and fact must be decided together, and the judgment in the suit as a whole must be pronounced by the court covering all the issues framed in the suit. The court also emphasized that....
The cause of action for a subsequent suit must be different from the cause of action in earlier suits for res-judicata to apply.
Trial courts must adjudicate all issues in a suit, and failure to do so violates procedural requirements under CPC, necessitating remand.
Preliminary issue – Issue of res judicata is mixed issue of fact and law and it cannot be decided as preliminary issue.
A court cannot decide mixed questions of law and fact as preliminary issues; they must be resolved through trial with evidence, particularly in cases concerning adoption validity.
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