https://www.taxtmi.com/caselaws?id=311875 The Tribunal is not ordinarily empowered to try preliminary issues because the scheme of the Recovery of Debts and Bankruptcy legislation excludes the Civil Procedure Code and contemplates summary adjudication, though a jurisdictional issue may exceptionally be taken first. The proposed objections on maintainability, right to sue, consideration for guarantees, the nature of the guarantees, and whether the debt was due were mixed questions of law and fact requiring examination of documents and factual rights, not pure questions of law. Order XIV Rule 2 permits preliminary trial only for a pure question of law involving jurisdiction or a statutory bar; no such defect or bar was shown. The refusal to frame and decide the issues preliminarily was upheld. en-us Wed, 28 Aug 2019 00:00:00 +0530 Thu, 18 Jan 2024 18:18:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311875 The Tribunal is not ordinarily empowered to try preliminary issues because the scheme of the Recovery of Debts and Bankruptcy legislation excludes the Civil Procedure Code and contemplates summary adjudication, though a jurisdictional issue may exceptionally be taken first. The proposed objections on maintainability, right to sue, consideration for guarantees, the nature of the guarantees, and whether the debt was due were mixed questions of law and fact requiring examination of documents and factual rights, not pure questions of law. Order XIV Rule 2 permits preliminary trial only for a pure question of law involving jurisdiction or a statutory bar; no such defect or bar was shown. The refusal to frame and decide the issues preliminarily was upheld. Case-Laws Indian Laws Wed, 28 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311875