Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Preliminary Issue (Order XIV Rule 2 CPC)
Civil Procedure & Litigation Mechanics
Definition
An issue relating solely to the jurisdiction of the court or a statutory bar created by any law (such as limitation or res judicata) that the court may try first before proceeding to issues requiring factual evidence.
Example
In a suit filed against a national bank, the bank contends that the suit is barred by Section 34 of the SARFAESI Act; the court frames this jurisdictional objection as a preliminary issue under Order XIV Rule 2(2) CPC and hears oral arguments before recording witness statements.