1. This writ petition under Art.227 of the Constitution of India is instituted by the plaintiff challenging the decision rendered by the Court below on the question of sufficiency of court fee, by considering it as a preliminary issue.

2. Hearing the learned counsel for the Petitioner / Plaintiff and the learned Government Advocate, it is noted that the suit has reached the stage of trial after framing of issues. Once issues are framed, it is the mandate of R.2(1) of O.14, Rule of the Code of Civil Procedure, 1908 ; for short 'the CPC'; that the Court shall, subject to the provisions of sub-rule (2) of R.2 pronounce judgment on all issues. Sub-rule (2) of R.2 of O.14, CPC enumerates the situations in which a suit may be disposed of on an issue of law only. This means that unless the issue is one of law only, the Court cannot deal with that matter as a preliminary issue. Going to clause (a) of sub-rule (2) of R.2 of O.14, CPC, it can be seen that such issue of law should relate to jurisdiction of the Court. This is the relevant po