Preliminary Issue Can't Be Raised 18 Years After Framing Of Issues In Suit: Allahabad High Court

The Allahabad High Court has held that preliminary issue in a suit cannot be raised 18 years after framing of issues in a trial. Justice Manish Kumar Nigam held,“Plea regarding maintainability of suit is required to be raised at the first instance in the pleading (written statement), then only such plea can be adjudicated by the trial court on its merit as preliminary issue under Order XIV Rule 2 CPC.”Plaintiff-respondents filed a suit in 2006 for the cancellation of Will dated 21.05.1988 executed by one Ram Asrey in favour of defendant No. 1. Issues were framed by the Trial Court on 01.12.2008. Issue no. 6 was whether the suit is barred under Section 331 of U.P.Z.A. & L.R. Act, 1950. On. 02.07.2025, defendant filed an application raising preliminary issues. Petitioner-defendant approached the High Court praying for direction on the Trial Court to decide the preliminary issues and issues no. 3 and 6 first. It was pleaded that under Rule 2 of Order XIV C.P.C., the Trial Court was mandated to first decide the preliminary issues regarding jurisdiction or bar on suit. The Court observed that unamended Rule 2 of Order XIV C.P.C. provided that where issues of fact and law are involved in a case, but the Court feels that the case can be disposed of by deciding issues of law, then issues of law must be determined prior to determining issues of fact. The amended Order XIV Rule 2(2) of C.P.C. provides that the issues of jurisdiction and bar to a suit created by any law in force must be decided first. Rule 2(1) starts with 'Notwithstanding' and provides that notwithstanding that the case may be disposed of preliminary issues, the Trial Court may pronounce judgment on all issues. The Court held that while the erstwhile provision mandated decision on preliminary issues, the amended provision allows the Trial Court to decide all issues together. “In deciding whether the court should grant or refuse a prayer to try an issue of jurisdiction or a bar to a suit as a preliminary issue, harmony should be observed between two conflicting considerations, namely, (i) it is undesirable to try cases piecemeal as it would result in protracted litigation; and (ii) the specific and wholesome provision of Rule 2 enacted with a view to preventing injustice by forcing his opponent to drag him into long litigation when the case or substantial part thereof can be disposed of on a point of law without investigation of facts.”The Court held that despite amended, the Trial Court cannot decide issues of fact and law together as preliminary issues. It held that any issue of law which requires decision on fact is not a preliminary issue. Applying the principles, the Court held that filing an application for deciding preliminary issues after 18 years of framing of issues in the suit does not show bona fide intent of the petitioner. Accordingly, the Court held that the prayer could not be granted but directed the Trial Court to conclude the suit expeditiously. Case Title: Paras @ Ram Paras Versus Ram Charitra and another 2026 LiveLaw (AB) 135Case citation: 2026 LiveLaw (AB) 135Click Here To Read/Download Order

Preliminary Issue Can't Be Raised 18 Years After Framing Of Issues In Suit: Allahabad High Court

Upasna Agrawal

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