preliminary issue Archives

Supreme Court: Once Trial commences on all issues, one issue cannot subsequently be tried as preliminary under Order 14 Rule 2(2) CPC

Supreme Court explains the scope of Order 14 Rule 2(2) CPC and holds that once the trial of issues generally has commenced, an issue cannot subsequently be severed and tried as a preliminary issue.

Case Briefs Supreme Court

Issue of genuineness of arbitration agreement be decided by Arbitrator as preliminary issue under Section 11(6A): Supreme Court

The matter revolves around the alleged forgery/genuineness of the agreements containing the arbitration clause.

Case Briefs High Courts

Or. 14 R. 2 of CPC does not confer jurisdiction on the Court to decide a mixed question of fact and law, unless the facts are clear from the plaint itself: Sikkim HC

The Court decided under the aegis of Or.14, R.2 of the CPC that where a question of law is dependent on the determination of a question of fact, then such question of fact cannot be decided as a preliminary issue by the Trial Court.