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Sathyanath vs Sarojamani on 6 May, 2022

25. Although in view of findings on issue No.2 this court lack jurisdiction to decide the case on merits but Order 14 Rule 2 CPC mandates this court to render findings on all issues as the issue relating to jurisdiction was not pure question law. Reliance may be had to Supreme Court's ruling in Sathyanath v. Sarojamani. (bearing Civil Appeal No. 3680 of 2022 decided on 06.05.2022) wherein it was held that even an issue relating to jurisdiction cannot be tried as a preliminary issue if it is a mixed question of law and fact requiring evidence. In such cases, the court must decide the issue along with all other issues. Further, under Order XIV Rule 2 CPC (post-amendment), the court is required to record findings on all issues and pronounce judgment comprehensively, even if the issue of jurisdiction is ultimately decided against it.
Supreme Court of India Cites 19 - Cited by 15 - H Gupta - Full Document
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