Order 14 Rule 2 CPC: Court to pronounce judgment on all issues

Bare Act text

[2. Court to pronounce judgment on all issues.—(1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues.

(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 issue first if the 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, and may deal with the suit in accordance with the decision on that issue.]

Amendment notes

Subs. by s. 64, ibid., for rule 2 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Even if a case can be disposed of on a preliminary issue, the Court must, subject to sub-rule (2), pronounce judgment on all issues. Where issues of both law and fact arise and the Court thinks the case or a part can be disposed of on an issue of law only, it may try that issue first if it relates to the Court's jurisdiction or to a bar to the suit created by any law in force. It may then postpone settling the other issues and deal with the suit according to that decision. This rule was substituted by the 1976 amendment.

Order XIV Rule 2 CPC: Court to pronounce judgment on all issues

Bare Act text

In simple words

Order XIV: Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon