What are preliminary issues ?.

Preliminary issues can be those where no evidence is required. Thus, on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, Court may decide such issues with the sole objective for expeditious decision. Where the issue is a mixed issue of law and fact, or issue of law depends upon decision of fact, such issues cannot be tried as preliminary issues. [Sathyanath and another v. Sarojamani (2022) 7 SCC 644]