UMABAI Vs. BHAVU BALVANT

JUDGEMENT

(1.) At the hearing of this suit Mr. Setalvad for the first defendant raised amongst others the following issues: (4) Whether the Court has jurisdiction to entertain this suit. (5) Whether the suit is not bad for reason of misjoinder of causes of action and of parties.

(2.) The learned Counsel after the issues had been raised and the Advocate- General had stated the facts of the case applied that the two issues Nos. 4 and 5 which involved questions of law should be tried first. The Advocate-General did not object to this being done. Order XIV, Rule 2, provides that where in the same suit issues both of law and of fact arise 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."

(3.) On the pleadings and the undisputed facts it did appear to me possible that the suit, or at all events a part of this suit, may be disposed of by determination of these issues of law and I felt that it was desirable in the interest of the parties that these issues should be tried first.