Where the right to the discovery or the inspection sought depends on the determination of any issue in the suit, the court may try that issue as a ---------- before deciding upon the right to discovery or inspection

Question

Which of the following is not an essential element of a decree:

Answer 1

The key here is recognising which term describes a threshold question decided ahead of the rest of the suit.

Special issue: Not a recognised category under the CPC.
Preliminary issue: Under Order XIV, Rule 2, a court can try an issue of law or a threshold question first and postpone the rest, exactly matching a case where discovery depends on resolving one issue in advance.
Res judicata and Res sub judice: These are bars operating between different suits (one already decided, or one already pending elsewhere), not a device for sequencing issues inside a single ongoing suit.

Since the facts describe sequencing within the same suit rather than a bar arising from another proceeding, the correct answer is Preliminary issue.

Answer 2

Thinking about why a court would want to decide one issue before allowing discovery clarifies the answer.

Special issue: There is no procedural category by this name to serve any such efficiency purpose.
Preliminary issue: Trying the threshold issue first can make the entire question of discovery unnecessary. If, for example, the issue of liability is decided against the party seeking inspection, there is nothing left to inspect for. Deciding that issue as a preliminary issue avoids the time and expense of unnecessary discovery, which is precisely the efficiency rationale behind Order XI, Rule 20 and Order XIV, Rule 2.
Res judicata: This concept only comes into play once a matter has already been finally adjudicated in an earlier suit; it does not serve to streamline discovery in an ongoing one.
Res sub judice: Similarly, this only stays a suit because of a parallel pending proceeding, and has no bearing on sequencing issues for efficient discovery within one suit.

The efficiency-driven purpose of deciding a threshold question first, before allowing or refusing discovery, is what a preliminary issue is for.

Therefore, the correct answer is Preliminary issue.

Answer 3

Thinking about why a court would want to decide one issue before allowing discovery clarifies the answer.

Special issue: There is no procedural category by this name to serve any such efficiency purpose.
Preliminary issue: Trying the threshold issue first can make the entire question of discovery unnecessary. If, for example, the issue of liability is decided against the party seeking inspection, there is nothing left to inspect for. Deciding that issue as a preliminary issue avoids the time and expense of unnecessary discovery, which is precisely the efficiency rationale behind Order XI, Rule 20 and Order XIV, Rule 2.
Res judicata: This concept only comes into play once a matter has already been finally adjudicated in an earlier suit; it does not serve to streamline discovery in an ongoing one.
Res sub judice: Similarly, this only stays a suit because of a parallel pending proceeding, and has no bearing on sequencing issues for efficient discovery within one suit.

The efficiency-driven purpose of deciding a threshold question first, before allowing or refusing discovery, is what a preliminary issue is for.

Therefore, the correct answer is Preliminary issue.

Where the right to the discovery or the inspection sought depends on the determination of any issue in the suit, the court may try that issue as a ---------- before deciding upon the right to discovery or inspection

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The Correct Option is B

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Approach Solution -2

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