clause shall be Substituted namely. - "(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement
pleased to frame
issue under Section 9A of CPC. In Suit No.215 of 2017 no such issue has
been framed but parties ... pending preliminary issue to be decided at the time of final
decision of the suit itself, along with other issues framed under Order
trial on those issues.
38. It was further contended that the preliminary issue has
been framed in total ignorance of the fact that ... Commission, therefore, apart from the preliminary
issue, other issues which has been proposed by the petitioner be
framed and the trial be proceeded
proper to frame any preliminary issue about
it. Hence Exh.8 is partly allowed. Issue is hereby framed as :-
Whether Plaintiff ... issues as preliminary
issues under Section 9A of CPC, first the issue of limitation and
secondly the issue of maintainability. Vide
pleased to frame
issue under Section 9A of CPC. In Suit No.215 of 2017 no such issue has
been framed but parties ... pending preliminary issue to be decided at the time of final
decision of the suit itself, along with other issues framed under Order
pleased to frame
issue under Section 9A of CPC. In Suit No.215 of 2017 no such issue has
been framed but parties ... pending preliminary issue to be decided at the time of final
decision of the suit itself, along with other issues framed under Order
other issues, at the time of final
disposal of the suit itself…”
It was provided that preliminary issue framed under section 9A
shall ... preliminary issue framed by the trial
court is about the question of limitation. Such issue would not be
an issue
issues of law can be decided as preliminary issues.
Only those issues of law can be decided as preliminary issues which ... judicata and limitation as preliminary
issues by judgment dated 3.2.2006. This Court set aside the finding on
the preliminary issue by judgment dated
preliminary issue.
The Trial Court, upon consideration of the pleas
advanced, has concluded that the issue of
limitation as preliminary issue requires ... determined as a
preliminary issue. It only contemplates the issue
of jurisdiction to be framed and determined as a
preliminary issue
issue of
law can be adjudicated on ‘admitted facts’, the court can decide the
issue of law as a preliminary issue under ... other. The issues are framed
on the material proposition, denied by another party.
There are issues of facts and issues