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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Paras @ Ram Paras – Appellant
Versus
Ram Charitra – Respondent
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. Brief facts of the case are that Original Suit No. 859 of 2006 was instituted by plaintiff-respondents for the cancellation of Will dated 21.05.1988 executed by one Ram Asrey in favour of defendant No. 1. The suit was contested by the defendants by filing written statement. On the basis of pleadings, issues were framed by the trial court on 01.12.2008. Total eight issues were framed. Issue No. 3 relates to limitation^^D;k okn dky ckf/kr gqvk** and issue No. 6 is to the effect whether the suit in question is barred by Section 331 of U.P.Z.A. & L.R. Act, 1950. Thereafter, the evidence of plaintiff was recorded and on 02.07.2025 an application was filed by the defendant to decide issue Nos. 3 and 6 as preliminary issue.
3. Learned counsel for the petitioner contended that the trial court i.e. Civil Judge (Junior Division), Basti, be directed to decide issue Nos. 3 and 6 framed in the suit i.e. Original Suit No. 859 of 2006, Ram Charitra Vs. Paras @ Ram Paras and others as preliminary issue before proceeding further with the suit. It has also been contended by learned counsel for the
The court retains discretion to decide preliminary issues related to jurisdiction or limitation but may also resolve all issues simultaneously to avoid protracted litigation.
(1) CPC confers no jurisdiction upon Court to try a suit on mixed issues of law and fact as a preliminary issue and where decision on issue depends upon question of fact, it cannot be tried as a prel....
A disputed question cannot be decided as a preliminary issue.
The principle of res judicata and the provisions of Order XIV Rule 2 of the Code of Civil Procedure, 1908 were central to the court's decision.
The Court clarified that mixed questions of fact and law, such as maintainability of a suit based on admissions, cannot be decided as a preliminary issue unless the facts are clear from the pleadings....
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.
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The issue of limitation cannot be framed as a preliminary issue under Section 9A of CPC, as established in Nusli Neville Wadia vs. Ivory Properties.
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.
The main legal point established in the judgment is that the issue of territorial jurisdiction can be tried as a preliminary issue under Order XIV Rule 2 of the Civil Procedure Code.
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