Code of Civil Procedure, 1908–Order 14, Rule 2(2)–Preliminary issue as regard to jurisdiction–Way of disposal–Trial Court placed the matter directly for arguments without allowing to lead evidence on preliminary issue–Issue up to effect as to whether the disputed land is an agricultural land and, therefore, the Court does not have the jurisdiction to decide the suit–Question involved is a mixed question of facts and law–Evidence of both parties is required to be led–Held, trial Court is directed to allow the parties to lead evidence.
