John Mathew Vs Santha Paul & Ors. (Supreme Court of India)
Preliminary Issue Cannot Be Pulled Out Mid-Trial: Supreme Court Explains When Order XIV Rule 2 CPC Ceases to Operate
Summary: The Supreme Court has exhaustively explained the scope of Order XIV Rule 2 of the Code of Civil Procedure, 1908, holding that the mere framing of all issues does not prevent a civil court from trying a qualifying legal issue first. However, once the court has commenced a composite trial and evidence is being recorded on all issues, it cannot subsequently isolate one issue and decide it as a preliminary issue.
The power conferred by Order XIV Rule 2(2) is to “try that issue first”. It permits a prospective arrangement of the trial and not a retrospective severance of an issue from a trial already in progress.
Facts of the Case
The plaintiff instituted a suit on 10.06.2013 seeking a declaration that a sale deed dated 25.05.2005 was void, declaration of his title, recovery of possession, mesne profits and other consequential reliefs.
According to the plaintiff, he had executed a General Power of Attorney on 21.05.2005 in favour of Defendant No. 1 for managing and improving the agricultural property. Although the GPA authorised execution of specified documents in certain situations, it allegedly did not authorise the attorney to independently settle the terms of sale or convey the property without the plaintiff’s consent.
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