CIVIL PROCEDURE — Order 23 Rules 2 and 3 — Preliminary Points of Law — Discretion of Court to Defer Determination

"Rule 2: Any party shall be entitled to raise by his pleading any point of law and unless that court or a judge in chambers otherwise orders any point so raised shall be disposed of by the judge who tries the cause at or after the trial. Rule 3: If in the opinion of the court or a judge in chambers, the decision of such point of law substantially disposes of the whole action or of any distinct cause of action, ground of defence, set-off, counter-claim or reply therein, the court or judge may thereupon dismiss the action or make such order therein as may be just. It is crystal clear that the above rule is designed to achieve the under-mentioned goals — (1) To enable a defendant who not liable to the plaintiff by the operation of law to plead such legal point in its statement of defence and then apply to court for the immediate consideration and disposal of that point of law. (2) To enable the trial court to exercise its discretionary power to consider and determine the point of law so raised, that is whether before or after the trial. (3) Empowers the court to decide on after due consideration of the point of law and relate same to the claim before it whether to dismiss the suit or make any further orders as may be fair and justice in the prevailing circumstance."