Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Preliminary Issue (Order XIV Rule 2 CPC)
Jurisdictional & Appellate Practice Terms
Definition
An issue of law regarding the court's jurisdiction or a statutory bar created by law (such as limitation or res judicata) that can be decided by the trial court at the outset without taking elaborate factual evidence, potentially disposing of the suit.
Example
The defendant pleads that the civil court’s jurisdiction is expressly ousted by the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. The judge treats this jurisdictional question as a preliminary issue before hearing witness testimony.