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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.