#Preliminary Issues

Allahabad HC rules that preliminary issues in Gram Panchayat election petitions under the U.P. Panchayat Raj Act cannot be decided without evidence, reinforcing the principle of natural justice. The court set aside an order that adjudicated factual disputes at the threshold stage, mandating a full trial for contested issues.

The Andhra Pradesh High Court ruled that mixed questions of fact and law, such as limitation under Section 3 of the Limitation Act, cannot be resolved as preliminary issues under Order XIV Rule 2 CPC without a full trial. The court emphasized that evidence appreciation is essential for framing formal issues, impacting how lower courts handle limitation defenses in civil suits.

Himachal Pradesh High Court clarifies that mixed issues of law and fact under Order XIV Rule 2 CPC cannot be treated as preliminary issues, requiring evidence for determination.