In Brief
This case concerns the proper interpretation of Order XIV Rule 2 of the Code of Civil Procedure regarding when preliminary issues can be framed and decided. The appellants sought a declaration of property ownership, and the defendant applied to frame res judicata as a preliminary issue. The High Court granted this request, but the Supreme Court reversed it. The Court held that res judicata is a mixed question of law and fact and cannot be decided as a preliminary issue. Only issues relating to the Court's jurisdiction or statutory bars to suits qualify as preliminary issues. The trial court must decide all issues together to ensure expeditious disposal of cases and to prevent remands, fulfilling the legislative intent of the 1976 amendments to the CPC.
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