W.A. No.368/2011. 14/9/2011 Order XIV Rule 2 (2) C.P.C. permits decision on a preliminary issue only when it is an issue of pure law. If the issue is a mixed issue of law and fact then all the issues have to be decided together at the final disposal of the case. Apart from CPC, it is also commonsense that issues which require evidence should be tried and decided at the final stage and not as a preliminary issue. That is the view taken by the learned Single Judge in the impugned order. The issue was whether the copy of the election petition produced by the respondent was the actual copy which was served upon the returned candidate by way of notice in the election petition. No doubt the returned candidate claimed that it was the original copy which was served upon him and also claimed that it was not verified in terms of Rule 3, but ultimately it was a mixed question of law and fact and the possibility can not be ruled out that after evidence and cross examination the election tribunal may come to a conclusion that this document which has been produced is not the original which was served upon the returned candidate, but was manufactured by the returned candidate. In the circumstances, we do not find any error in the order of the learned Single Judge who has quashed the decision on the said preliminary issue and has left that issue open to be decided by the Election Tribunal after evidence at the time of final disposal. The writ appeal is dismissed. (Sushil Harkauli) (K.K. Trivedi) Acting Chief Justice Judge YS/AK