Law Maker

THE FIRST SCHEDULE · ORDER XIV Settlement of Issues and Determination of Suit on Issues of Law or on Issues agreed upon

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

The Code of Civil Procedure, 1908

1[(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.]

Footnotes in the official text

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

Questions on this rule

2 questions in 10 of our papers cite Order XIV Rule 2. Try these from the free papers:

  1. 1. Where both issues of law and of fact arise in a suit and the court thinks the case may be disposed of on an issue of law only, Order XIV Rule 2(2) CPC permits it to try that issue first only if the issue relates to:

  2. 2. In John Mathew v. Santha Paul, decided on 21 September 2026, the Supreme Court interpreted Order XIV Rule 2(2) of the Code of Civil Procedure. It held that the power to try an issue of law first:

Practise questions on Civil Procedure Code