Whether the issue of maintainability of the case be heard first and then the question of filing a written statement is a matter of judicial discretion. The court will decide on a case-by-case basis, taking into account the specific facts and circumstances of the case.
In general, however, the court will usually hear the issue of maintainability of the case first. This is because if the court finds that the case is not maintainable, then there is no need to proceed with the case any further. This saves time and resources for both the court and the parties involved.
However, there are some cases where the court may decide to hear the question of filing a written statement first. For example, if the court is unsure whether the case is maintainable, it may ask the parties to file written statements so that it can have a better understanding of the case before making a decision on the issue of maintainability.
Another example is where the court finds that the issue of maintainability is complex and will require a lot of time to argue and decide. In such cases, the court may ask the parties to file written statements so that it can have more time to consider the issue before making a decision.
Ultimately, the decision of whether to hear the issue of maintainability of the case first or the question of filing a written statement first is up to the judge.
Here are some of the factors that the judge may consider when making this decision:
The complexity of the issue of maintainability
The amount of time that it will take to argue and decide the issue of maintainability
Whether the court is unsure whether the case is maintainable
Whether the parties have agreed on whether to hear the issue of maintainability first or the question of filing a written statement first
The interests of justice
