IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19042 of 2011 Ramnandan Thakur Versus Ajay Kumar Singh ---------------------------------- 02. 03.11.2011. Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the defendant- petitioner against the order dated 09.09.2011 passed by Sub Judge VIIth Hajipur at Vaishali in Title Suit No.13 of 2011 whereby the learned Court below rejected the application dated 25.08.2011 filed by the petitioner. It appears that the plaintiff-respondent filed the aforesaid suit for specific performance of contract. The petitioner appeared and filed written statement alleging that the alleged agreement to sell dated 21.01.2010 is forged, fabricated and the L.T.I. appearing on the said agreement is not of the petitioner because the petitioner is literate person and know signing. Subsequently, the petitioner filed the application that the Court below should decide this issue as to whether the agreement to sell is forged, fabricated or genuine document. By the impugned order, this application has been rejected. Order 14 Rule 2 provides that the Court shall pronounce Judgments on all issues. Sub-Rule 2 - 2 - provides that where issues both of law and on fact arises in the same suit and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try those issues first if that issue relates to (a) the jurisdiction of the Court or (b) a bar to the suit created by any law for the time being enforced. After amendment of the Code of Civil Procedure in the year 1976, it is not obligatory on that part of the Court to decide an issue as preliminary issue. The Court has to exercise judicial discretion and is always subject to sub-Rule 2. So far the points raised by the petitioner is concerned, it is dependent on the evidence that may be produced by the parties. Therefore, this issue raised by the petitioner is not an issue of law only and further it neither relates to the jurisdiction of the Court or a bar to the suit created by any law. In view of the above facts and circumstances of the case, in my opinion, the learned Court below has rightly rejected application and, therefore, I find no merit in this application and accordingly, it is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)