SATHYANATH & ANR. versus SAROJAMANI

Citation: [2022] 4 S.C.R. 46 · Decided: 06-05-2022 · Supreme Court of India · Bench: HEMANT GUPTA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 4 S.C.R.
SATHYANATH & ANR.
v.
SAROJAMANI
(Civil Appeal No. 3680 of 2022)
MAY 06, 2022
[HEMANT GUPTA AND V. RAMASUBRAMANIAN, JJ.]
Code of Civil Procedure, 1908 : Or. XIV r 2 – Court to
pronounce judgment on all issues – Suit for declaration by the
appellant against the respondent – Application by the respondent
seeking framing of issues u/Or. XIV r 2(2), to treat those as
preliminary issues – Dismissed by trial court – In revision petition,
the High Court issued direction to trial court to frame preliminary
issue as to whether the suit is barred by res judicata – Sustainability
of – Held: Not sustainable – If the issue is a mixed issue of law and
fact, or issue of law depends upon the decision of fact, such issue
cannot be tried as a preliminary issue – Preliminary issues can be
those where no evidence is required and on the basis of reading of
the plaint or the applicable law, if the jurisdiction of the Court or
the bar to the suit is made out, the Court may decide such issues
with the sole objective  for  the expeditious decision – Order of the
High Court to direct the trial court to frame preliminary issue on
the issue of res judicata is  not desirable to ensure speedy disposal
of the lis between parties – Or. XIV r.2 had salutary object in mind
that mandates the Court to pronounce judgments on all issues subject
to the provisions of sub-Rule (2) – However, in case where the issues
of both law and fact arise in the same suit and the Court is of the
opinion that the case or any part thereof may be disposed of on an
issue of law only, it may try that suit first, if it relates to jurisdiction
of the Court or a bar to the suit created by any law for the time
being in force – It is only in those circumstances that the findings
on other issues can be deferred – Res judicata is a mixed question
of law and fact depending upon the pleadings of the parties, the
parties to the suit etc. – It is not a plea in law alone or which bars
the jurisdiction of the Court or is a statutory bar under clause (b)
of sub-Rule (2) – Thus, the order of the High Court remanding the
matter to the trial court to frame preliminary issues runs counter to
the mandate of Or. XIV r 2, and is set aside.
[2022] 4 S.C.R. 46
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Allowing the appeal, the Court
HELD: 1.1 The provisions of Order XIV Rule 2 CPC are
part of the procedural law, but the fact remains that such
procedural law had been enacted to ensure expeditious disposal
of the lis and in the event of setting aside of findings on
preliminary issue, the possibility of remand can be avoided, as
was the language prior to the unamended Order XIV Rule 2. If
the issue is a mixed issue of law and fact, or issue of law depends
upon the decision of fact, such issue cannot be tried as a
preliminary issue. In other words, preliminary issues can be those
where no evidence is required and on the basis of reading of the
plaint or the applicable law, if the jurisdiction of the Court or the
bar to the suit is made out, the Court may decide such issues
with the sole objective for the expeditious decision. Thus, if the
Court lacks jurisdiction or there is a statutory bar, such issue is
required to be decided in the first instance so that the process of
civil court is not abused by the litigants, who may approach the
civil court to delay the proceedings on false pretext. [Para 20][61-
G-H; 62-A-B]
1.2 The order of the High Court to direct the trial court to
frame preliminary issue on the issue of res judicata is not desirable
to ensure speedy disposal of the lis between parties. Order XIV
Rule 2 of the Code had salutary object in mind that mandates the
Court to pronounce judgments on all issues subject to the
provisions of sub-Rule (2). However, in case where the issues of
both law and fact arise in the same suit and the court is of the
opinion that the case or any part thereof may be disposed of on
an issue of law only, it may try that suit first, if it relates to
jurisdiction of the Court or a bar to the suit created by any law for
the time being in force. It is only in those circumstances that the
findings on other issues can be deferred. It is not disputed that
res judicata is a mixed question of law and fact depending upon
the pleadings of the parties, the parties to the suit etc. It is not a
plea in law alone or which bars the jurisdiction of the Court or is
a statutory bar under clause (b) of sub-Rule (2). [Para 31][66-E-
G]
1.3 The objectiv

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