ORDER :

1. ‘What is the practice and procedure to be adopted by the trial Court while dealing with a plea to frame and decide a preliminary issue?’

2. This question needs to be answered in this civil revision petition filed under Article 227 of the Constitution. In turn, the scope and import of certain provisions of Order 14 CPC also fall for consideration.

3. C.O.S.No.12 of 2018 was filed by the petitioner-plaintiff company for recovery of a sum of Rs.2,44,02,487.61 Ps. with future interest at 24% per annum along with costs. The case of the petitioner-plaintiff company was that it had placed a purchase order on 05.10.2011 upon the respondents-defendants for supply of plant and machinery for extracting pyrolysis oil on a turn-key basis. According to the petitioner-plaintiff company, the understanding between the parties was that payment would be subject to the supplied product meeting the description and conditions assured by the respondents-defendants and in the event it failed to do so, the respondents-defendants were to refund the price amount along with expenses and losses. Alleging so, this suit was filed in April, 2016 and was numbered as O.S.No.472 of 2016 on the file of the le