In a suit, issues of both law and fact arise, and the court is of opinion that the suit may be disposed…

Order XIV, Rule 2(1) requires the court, even where the case may be disposed of on a preliminary issue, to pronounce judgment on all issues, subject to sub-rule (2). Under Rule 2(2), where issues of law and fact arise and the case or any part of it may be disposed of on an issue of law only, the court may try that issue first if it relates to (a) the jurisdiction of the court, or (b) a bar to the suit created by any law for the time being in force, and may postpone settling the other issues meanwhile.

The power is confined to these two kinds of issues of law, so it is neither a general discretion over any issue of law nor limited to jurisdiction alone, and issues of fact cannot be tried first under this rule. (Maharashtra's former section 9A of the CPC, which required a jurisdiction objection raised at the interim-relief stage to be decided as a preliminary issue, has been deleted, so the general rule applies there too.)