lower Court shall have disposed of the case upon any preliminary point so as to exclude any evidence of fact which shall appear ... parties, and the decree of the Lower Court upon such preliminary point shall be reversed by the decree in appeal, the Appellate Court
preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a retrial is considered necessary
mean the same thing as a 'preliminary issue' and that a 'preliminary point' means a point, the determination of which enables ... other points involved in the suit and even though the point decided by the trial Court happens to be a point of fact
other point or points that the first point must be decided, the decision of the first point is preliminary to the decision of the other ... points. It is not clear how the question whether a point is connected with the merits of the case only or a point of pure
refunded to the appellant as the appeal was allowed on a preliminary point. The present appeal is directed against this order of remand dated ... appeal is preferred, has disposed of the suit upon a preliminary point and the decree is reversed by the appellate court. An appeal against such
Tribunal, the Tribunal was required to decide as a preliminary point as to the validity of domestic enquiry which was challenged by the workman ... domestic enquiry is to be decided by the Tribunal as a preliminary point, the onus is upon the workman to prove that the domestic enquiry
application. Therefore, contention which has been raised in
application as a preliminary point raised by petitioner on 18.5.2011
has been decided by Industrial Tribunal, Ahmedabad ... that order against which learned
advocate Mr.Shah submitted that once preliminary point raised by
other party, it is a duty even a legal obligation
Multi-State Co-operative Society were not acceptable and the preliminary point shall be finally decided along with the other issues on merits. Therefore, respondent ... interest of justice that the decision on the preliminary application raising preliminary point as to the jurisdiction in institution and initiation of the proceedings raised
Procedure Code. The said term ' preliminary point' is not confined to legal points or points of law only as may be pleaded ... does not mean the same as of 'preliminary issue'. The 'preliminary point' means a point, the determination of which enables
point" are not confined to such legal points only
as will be applied as a bar in suit but comprehend all such points ... merits whether such points are pure questions of law or pure
questions of fact. It was further pointed out that preliminary point
must
