Thursday 27 December 2018

When issue of limitation should not be decided as preliminary issue?

The issue regarding bar of limitation can be disposed of as a preliminary issue under Order XIV, Rule 2(2) of the Civil Procedure Code only in cases where it can be disposed of as an issue of law and not otherwise. In cases where such an issue requires recording of evidence, it has to be disposed of along with the other issues except when the Court, in its opinion, thinks fit to postpone the settlement of the other issues till the disposal of the issue regarding jurisdiction or limitation. Undoubtedly, the Court in that regard has to exercise its discretion judiciously and considering the facts of each case.
Citation; 2003(3)BomCR814, 2003(2)MhLj219;2003 (1) ALL M R 674
Civil Revision Appln. No. 752 of 2002
Decided On: 05.09.2002
Appellants: Shraddha Associates and Anr.
Respondent: St. Patrick's Town Co-operative Housing Society Ltd. and Ors.

Hon'ble Judges/Coram:
R.M.S. Khandeparkar, J.

Read full judgment here: Click here
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