Supreme Court · 2022 INSC 529 · Decided 6 May 2022
Sathyanath & ANR. v. Sarojamani
- Court
- Supreme Court of India
- Citation
- 2022 INSC 529 · [2022] 4 S.C.R. 46
- Case number
- CIVIL APPEAL No. 3680/2022
- Decided
- 6 May 2022
- Bench
- HEMANT GUPTA, V. RAMASUBRAMANIAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 : Or. XIV r 2 - Court to pronounce judgment on all issues - Suit for declaration by the appellant against the respondent - Application by the respondent seeking framing of issues u/Or. XIV r 2(2), to treat those as preliminary issues - petition, the High Court issued direction to trial court to frame preliminary issue as to whether the suit is barred by res judicata - Sustainability of - Held: Not sustainable - If the issue is a mixed issue of law and fact, or issue of law depends upon the decision of fact,
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