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In a non-commercial suit, issues of fact and law arise. The court considers that a pure issue of law…

Order XIV Rule 2(2) permits the court to try a pure issue of law first when it concerns jurisdiction or a statutory bar to the suit. It does not confer the same…

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In a non-commercial suit, issues of fact and law arise. The court considers that a pure issue of law concerning its jurisdiction may dispose of the suit. Under Order XIV Rule 2 CPC, what may the court do?

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Answer and explanation

Correct answer D

Order XIV Rule 2(2) permits the court to try a pure issue of law first when it concerns jurisdiction or a statutory bar to the suit. It does not confer the same preliminary-issue treatment on every issue of law.

Option feedback

Option A

Rule 2(2) expressly allows an eligible jurisdiction issue to be tried first.

Option B

The general all-issues rule has the exception specified in Rule 2(2).

Option C

The power in Rule 2(2) is not conditional on both parties consenting.

Option D

A qualifying pure law issue concerning jurisdiction may be tried first, with other issues postponed if appropriate.

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