WPMS 786/2004 Hon’ble Tarun Agarwala, J. Heard Sri Jagdish Chandra Belwal, the learned counsel for the petitioners and Sri Sudhir Kumar, the learned Brief Holder for the State/respondent no. 2. Office report indicates that respondent no. 1 has been served. No one appears. Having heard the learned counsel for the petitioner at some length, the Court finds that the court below did not commit any error in rejecting the application of the defendant/petitioner seeking a prayer to decide certain issues as a preliminary issue. Order 14 Rule 2 of the Code of Civil Procedure is clear that an issue of law or where it relates to the jurisdiction of the court or where a bar to the suit is created by any law, could be decided as a preliminary issue. In the present case, the Court does not find that the issues prayed to be decided as a preliminary issue related to the jurisdiction of the court, etc. In the light of the aforesaid, the Court does not find any error in the impugned order. The writ petition fails and is dismissed. Certified copy of this order shall be sent by the registry to the court below within a week for necessary information and action. (Tarun Agarwala, J.) 22-12-2011 SP