VINOD K.SHARMA,J - (1.) THIS revision petition is directed against the order dated 1.9.2007 passed by the learned Additional Civil Judge (Sr. Divn.), Gidderbaha allowing an application moved by the defendant respondent under Order 14 Rule 2(2) CPC to treat the question of jurisdiction to be preliminary issue.
(2.) THE learned counsel for the petitioner vehemently contended that in view of the pleadings of the parties the question of jurisdiction is a mixed question of law and fact, which cannot be decided without allowing the parties to lead evidence, therefore, the Court could not treat it as preliminary issue. The reading of Order 14 Rule 2(2) CPC can only lead to the conclusion that it is only pure question of law which can be treated as preliminary issue but when the question of jurisdiction requires leading of evidence then it has to be treated as mixed question of law and fact and cannot be treated as preliminary issue and is to be decided along with the other issues.
(3.) IN support of this contention the learned counsel for the petitioner has placed reliance on the judgments of this Court in the cases of Ram Kali v. Sohan Lal,1984(*) R.R.R. 211 (P&H) : AIR 1985 (P&H) 124 and Daljit Singh v. Joginder Singh, 1984(2) R.C.R.(Rent) 482 : AIR 1985 (P&H) 184 and the judgment of the Hon'ble Supreme Court in the case of Abdul Rahman v. Prasony Bai , 2003(1) RCR(Civil) 236.;