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Civil Procedure Code, 1908

Order XIV Rule 2 CPC - Court to Pronounce Judgment on All Issues

Order XIV Rule 2 of the Code of Civil Procedure, 1908 (CPC) sets out the general rule that a civil court should pronounce judgment on all issues in a suit. It also permits certain questions of law to be decided first as preliminary issues.

Key principle: A preliminary issue may be tried first under Rule 2(2) only where it is an issue of law relating to the court's jurisdiction or a legal bar to the suit, and the court considers that deciding it may dispose of the suit or part of it.

Order XIV Rule 2 - Statutory provision

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.

Meaning and scope of Rule 2

Rule 2(1): Judgment on all issues

The normal procedure is for the court to determine the issues necessary for deciding the suit rather than dispose of litigation piecemeal. An issue is a disputed material proposition of fact or law framed under Order XIV Rule 1 CPC.

Rule 2(2): Limited exception for preliminary issues

The court has discretion to hear an issue of law before other issues where that issue may dispose of the case or a part of it and concerns either jurisdiction or a statutory bar. The word may means separate preliminary adjudication is not automatic.

What is an issue of law?

An issue of law concerns the application or interpretation of legal rules. A disputed factual foundation may require evidence; merely describing a mixed question of law and fact as a preliminary issue does not automatically bring it within Rule 2(2).

Two permitted categories of preliminary issues

  1. Jurisdiction of the court: Whether the court is legally empowered to entertain or decide the suit, including a relevant objection to subject-matter jurisdiction.
  2. Bar to the suit created by law: Whether an applicable statute or legal provision prohibits the suit. Depending on the pleadings and undisputed facts, this can include a limitation objection or an express statutory exclusion of civil court jurisdiction.

Where a limitation objection depends on contested facts, evidence may be needed and separate preliminary disposal may not be appropriate.

How the court approaches a preliminary issue

  1. Identify the material disputes from the pleadings and frame issues under Order XIV Rule 1.
  2. Determine whether a proposed preliminary issue is a question of law within Rule 2(2)(a) or (b).
  3. Consider whether its determination can dispose of the suit or part of it without resolving disputed facts.
  4. If appropriate, hear and decide that issue first; otherwise proceed to determine the issues together.
  5. Apply the outcome to the suit and record the decision in accordance with the CPC.

Illustrative examples

Jurisdiction: A defendant contends that an exclusive statutory forum, rather than the civil court, has jurisdiction. If the relevant facts are undisputed, the court may decide the legal objection first.

Statutory bar: A defendant argues that a specific enactment expressly bars the suit. The court may try the legal bar first if it can be resolved independently of contested evidence.

Mixed question: If a limitation defence requires evidence about when a cause of action arose or whether time was extended, it may be unsuitable for determination as a pure preliminary issue.

Order XIV Rule 3 describes the materials from which issues may be framed. Order XIV Rule 5 addresses amendment or striking out of issues. Order VII Rule 11 provides a separate procedure for rejection of a plaint in specified circumstances and should not be confused with the discretion under Order XIV Rule 2.

Official legal reference

Consult the Code of Civil Procedure, 1908 on India Code for the central legislation and its schedules. State amendments, local rules and the applicable procedural context should also be checked where relevant.

This article is general legal information, not advice on the facts of a particular dispute. Updated: 13 October 2026.