Code of Civil Procedure, 1908–Order 14, Rule 2 & Sec. 11–Direction of High Court for framing the issue of res judicata as a preliminary issue–Justification–It was not desirable to ensure speedy disposal of lis between parties–Provisions of Order 14, Rule 2 mandate the Court to pronounce the judgment on all issues subject to the provisions of sub-rule (2)–However, in case where the issues of both law and fact arise in the same suit and the Court is the opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that suit first, if it relates to jurisdiction of the Court or a bar to the suit created by any law for the time being in force–Res judicata is a mixed question of law and facts depending upon the pleadings of the parties–It is not a plea in law alone or which bars the jurisdiction of the Court or is a statutory bar under the clause (b) of sub-rule (2)–Direction of High Court is not sustainable.
