S.K.DESAI, J. - (1.) This civil revision application is at the instance of the plaintiff, Sangli Municipal Council, Sangli, in Special Civil Suit No. 5 of 1972 on the file of the Civil Judge, Senior Division at Sangli. In the suit the plaintiff has claimed from the three defendants (the respondents before me) an amount of Rs. 76,914/- with future interest and costs, and the said amount is the aggregate of four cheque indicated in paragraph 12 of the plaint, which I perused. The earliest of these cheque is one dated 6th January of the defendants to the said suit are the Syndicate Bank, Sangli Branch, and the Sangli Bank Ltd.
(2.) It appears that after the defendants were duly served and they filed their written statements, an application was made under Order 14, Rule 2(2) of the C.P.C. to decide issue No. 5, which was even the defendants plea as to limitation, as a preliminary issue. By the impugned order the learned Civil Judge, Senior Division, has allowed the application and directed that issue No. 2 will be heard and disposed of as a preliminary issue. It is against the said order that the present revision application has been filed by the plaintiff.
(3.) Order 14 deals with settlement of issues and Rule 2(2) thereof, with which we are concerned, roads as follows : 1) ....... (2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issues first if that issue 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 for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, any may deal with the suit in accordance with the decision on that issue." This sub-rule (2) has been substituted by the Civil Procedure Code (Amendment) Act, 1976. The original sub-rule (2) was in a slightly different language and the same may be extracted, as the judgments to which I have been referred at the bar are on the provisions of the Civil Procedure Code prior to its amendment; the same reads as follows : "(2) Issue of law and fact---Where issues both of law and of facts arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after the issue of law have been." ;