Preliminary Issues Are Determined Purely On Point Of Law In Isolation To Facts
Case: Sri Nirmalendu Datta v Smt. Poulami Datta And Ors With Connected Matters
Coram: Justice T. Amarnath Goud
Case No.: CRP/24/2022
Court Observation: “Issue which is of legal nature and affects the jurisdiction of Court falling under O-XIV, R-2(2) can be termed as preliminary issue. A factual issue which needs the trial and leading evidence for decision cannot said to be preliminary issue. If decision on the issue of law is depending upon the decision of factual aspects, in that event the Code does not empower the Court to decide that issue of law on framing of preliminary issue.”
“To be very specific on preliminary issues, this Court holds the view that Issue which is of legal nature and affects the jurisdiction of Court falling under O-XIV, R-2(2) can be termed as preliminary issue. A factual issue which needs the trial and leading evidence for decision cannot said to be preliminary issue. If decision on the issue of law is depending upon the decision of factual aspects, in that event the Code does not empower the Court to decide that issue of law on framing of preliminary issue.”
“Hence, this Court finds no infirmity in the findings arrived at by the Court below. Since the petitioners herein has failed to make out the case before the Court below, this Court has no hesitation to say that in the revision, appreciation of the factual issues are not permissible. Accordingly, the instant revision petition stands dismissed.”
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