Article 254 — Parties not at issue ..:

(1) Where after preliminary objections, if any, have been decided, it appears that the parties are not at issue on any question 6f law or of fact, the court Olav at once pronounce judgment. (2) Where anyone of several defendant~ is not at issue with the plaintiff on any question of law or of fact,~the court may at once pronounce judgment for or against such defendant and" the suit shall proceed only against the other defendants.