Code of Civil Procedure, 1908–Order 14, Rules 2 & 5–Application for deciding the issue no. 6 as preliminary issue–Dismissed without hearing the arguments–Whether the suit was not maintainable on the ground the property being benami, was a pure legal question–Court was required to take a decision as to whether the question can be decided as preliminary issue or not–Impugned order is suffering from jurisdictional error–Set aside and directed accordingly.
