Summary
- The Supreme Court has clarified that once a trial commences on all issues, no issue can subsequently be tried as a preliminary issue under Order 14 Rule 2(2) CPC.
- A Division Bench examined a civil appeal concerning a suit for declaration and possession, emphasizing that the power to direct an issue to be "tried first" ceases once the trial has begun.
- The Court restored the suit to the trial court, ruling that the question of limitation must remain open for determination on merits after significant trial progress had already occurred.
- This ruling underscores the importance of procedural adherence in civil trials and may influence how courts handle similar cases in the future.
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