John Mathew vs Santha Paul - 2026 Supreme(SC) 1148

Headnote:(A) Code of Civil Procedure, 1908 - Order XIV Rule 2 - Order XX Rule 5 - Order VII Rule 11(d) - Section 151 - Limitation Act - Articles 59 and 65 - Power to try a preliminary issue - General rule under sub-rule (1) is that the Court shall pronounce judgment on all issues, subject to sub-rule (2) - Under sub-rule (2), where issues of law and fact arise, the Court may try an issue first if it is an 'issue of law only' and relates to the jurisdiction of the Court or a bar to the suit created by any law for the time being in force (Paras 16-17) - An 'issue of law only' is one where the whole suit may be disposed of without adjudication of disputed facts; mixed questions of law and fact cannot be decided as preliminary issues (Paras 18-19) - The power to 'try that issue first' is distinct from the discretion to postpone settlement of other issues; the latter is optional and the fact that all issues have already been framed does not necessarily exhaust the discretion under Rule 2(2) (Paras 21-24).

(B) Sequence of Trial - The power under Order XIV Rule 2(2) to direct an issue be 'tried first' is a prospective ordering of trial and not a retrospective reordering - Once the Court has embarked upon the trial of issues generally (i.e., evidence has been recorded on all issues), the statutory occasion to direct that one issue be 'tried first' has passed - At such a stage, it is no longer possible to retrospectively sever one issue from an ongoing composite trial and deem it to have been tried first (Paras 25-28, 36, 39).

(C) Inherent Powers - The inherent power preserved by Section 151 cannot be invoked to circumvent the conditions, sequence, or temporal limits of a power expressly conferred by the Code, specifically the power to try a preliminary issue under Order XIV Rule 2 (Para 40).

Facts of the case:
A suit was filed for declaration and recovery of possession of immovable property. After all issues were framed, including the issue of limitation, the trial commenced. The plaintiff concluded evidence, and the defendants had already begun adducing their evidence-in-chief. It was at this advanced stage that an application was moved to treat the issue of limitation as a preliminary issue. The Trial Court allowed the application and dismissed the suit as barred by limitation under Article 59 of the Limitation Act. The First Appellate Court affirmed the determination but modified the disposal as a rejection of the plaint under Order VII Rule 11(d). The High Court set aside these orders, holding that limitation was a mixed question of fact and law and that, on merits, the suit was within limitation under Article 65.

Findings of Court:
The Trial Court and First Appellate Court erred in deciding the issue of limitation as a preliminary issue after the trial on all issues had already progressed. The High Court also erred by determining the limitation on merits instead of simply restoring the issue to the ordinary trial. Since the trial of issues generally had already begun, the power to 'try first' under Order XIV Rule 2(2) was no longer available.

Issues: Whether the Trial Court was justified in treating the issue of limitation as a preliminary issue under Order XIV Rule 2(2) of the Code of Civil Procedure after the trial had already commenced and evidence was being recorded on all issues.

Ratio Decidendi: The power to 'try an issue first' under Order XIV Rule 2(2) is prospective. Once a trial has embarked upon the evidentiary adjudication of issues generally, the Court cannot retrospectively sever one issue to be decided as a preliminary issue, as the relational requirement of being tried 'first' can no longer be satisfied.

Result: Orders of the Trial Court, First Appellate Court, and High Court set aside; I.A. dismissed; Suit restored to the Trial Court to resume proceedings from the stage immediately before the application to try the issue as a preliminary issue was filed.

1. Suit for declaration and recovery of possession — Issue of limitation tried as preliminary issue under Order XIV Rule 2, CPC. (Para 2 , 4 , 37 )

2. Appellant argued limitation under Article 59, Limitation Act, applied; Respondents contended issue involved mixed questions requiring full trial. (Para 7 , 8 , 9 , 10 , 11 )

3. Court analysed the scheme of Order XIV Rule 2, holding the power to try a preliminary issue is lost once trial on issues generally has commenced. (Para 12 , 13 , 17 , 18 , 19 , 20 , 23 , 24 , 27 , 28 , 36 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 )

4. Once a court has embarked upon trial of all issues generally, it cannot later direct that one issue be tried first under Order XIV Rule 2(2). (Para 28 , 39 , 47 )

5. Appeal disposed of; orders of lower courts set aside; suit restored to file of trial court for decision on merits expeditiously. (Para 48 , 49 , 50 , 51 )

6. Under Order XIV Rule 2, when can a court try an issue as a preliminary issue?

Only where the issue is one of pure law relating to jurisdiction or a statutory bar, and the court has not yet commenced trial on all issues generally. (Para 17 , 18 , 19 , 20 , 36 )

7. Does the framing of all issues prevent a court from later directing a preliminary issue under Order XIV Rule 2?

No. The power may still be exercised before the court has embarked upon trial of the issues generally, even if all issues are already framed. (Para 21 , 22 , 23 , 24 , 27 , 36 )

8. What is the effect of the court having already embarked upon trial of all issues on the power under Order XIV Rule 2(2)?

The power to direct that one issue be 'tried first' is exhausted. The court cannot retrospectively sever an issue from an ongoing composite trial. (Para 28 , 38 , 39 , 47 )

9. Can the court's inherent power under Section 151, CPC, be used to circumvent the conditions of Order XIV Rule 2?

No. Section 151 cannot be invoked to circumvent the conditions, sequence, or temporal limits attending the exercise of a power expressly conferred by the Code. (Para 40 )

10. Is the question of limitation always a pure question of law that can be tried as a preliminary issue?

No. Limitation is often a mixed question of fact and law. It can be tried as a preliminary issue only if it can be decided on admitted facts without disputed evidence. (Para 19 , 20 )

JUDGMENT :

ARUN PALLI, J.

IMPUGNED ORDER
SUBMISSIONS ON BEHALF OF THE APPELLANT
SUBMISSIONS ON BEHALF OF THE RESPONDENTS
ANALYSIS
	Legislative history and the scheme of Order XIV Rule 2
	What constitutes an ‘issue of law only’
	Framing an issue and trying an issue
	Order XX Rule 5 and the sequence of trial
	The scope of Prithvi Raj Jhingta v Gopal Singh
	Clarification of Sathyanath v Sarojamani
APPLICATION TO THE PRESENT CASE
CONCLUSION

1. Leave granted.

2. This Civil Appeal arises from the final judgment and decree dated 24.09.2025 rendered by the High Court of Kerala whereby it allowed the Appeal preferred by the heirs of the Plaintiff (T. Oommen Panicker) and held the suit to be within limitation. Consequently, the judgment of the Appellate Court (29.01.2024) as also the order of the Trial Court (03.11.2018) were set aside. And, the matter was remitted to the Trial Court for decision on merits.

3. Parties to the lis, hereinafter would be referred to by their original position in the suit.

4. The Plaintiff in a suit filed by him on 10.06.2013, prayed for the following reliefs:

“(a) To adjudge the conveyance by Sale Deed No. 1663/2005 dated 25.5.2005 of Addl. Sub Registry, Kottarakara as void;

(b) To have the plaintiffs tile [sic.] to plaint scheduled property declared and possession of the same, excluding the area covered by revenue sale delivered up and restored to him with mesne profits and full cost incurred for institution and conduct of this suit;

In brief, the case set out by him was that he had executed a General Power of Attorney (‘GPA’) on 21.05.2005, in favour of Mr. Biju John (‘Defendant No. 1’), entrusting him to manage the agricultural land (‘suit property’) and effecting improvements thereto. Further, that the GPA authorized Defendant No. 1 to execute as his agent, a sale deed, gift deed, or other specified documents which the Plaintiff was obliged to execute in respect of the suit property. That, however, it did not authorize him to settle the terms for sale, or to create a charge upon the property and execute conveyance. It was submitted that four years thereafter, upon failure of Defendant No. 1 to account for the management of the property despite Plaintiff’s demand, the Plaintiff vide registered notice to Defendant No.1, revoked the GPA on 20.07.2009. Replying to that, Defendant No. 1 stated that the suit property had already been conveyed under the Sale Deed dated 25.05.2005 (‘Sale Deed’) to Mr. John Mathew (‘Defendant No. 2’).

It was pleaded that the said alienation was de hors the authority conferred by the GPA, for it was effected in the absence of any obligation of the Plaintiff, without his consent and without payment of any consideration to him. That, the conveyance was thus fraudulent, in excess of the authority conferred by the GPA, and thereby rendered the Sale Deed void ab initio. Further, that in consequence, Defendant No. 2 acquired no title to the suit property. Lastly, in paragraph 16 of the plaint it was stated that the cause of action arose on 21.05.2005, when the GPA was executed and subsequently on 22.05.2009, when the Plaintiff came to know of the unauthorized conveyance.

In the Written Statement filed by Defendant No.1 he denied the allegations of fraud and the Sale Deed being void, and stated that the property was validly transferred with Plaintiff’s full consent and knowledge for a duly paid consideration of Rs. 4,00,000. Moreover, that for the long–standing cordial relationship with the Plaintiff, no formality as to rendering a receipt etc. was considered necessary by the Plaintiff himself. That pursuant to terms of the GPA, he was clearly authorized to settle the terms for sale and the consequent sale thereof. Lastly, that the suit was barred by limitation as the Plaintiff was aware of the Sale Deed, as early as the date of its execution, i.e., 25.05.

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2026 Supreme(SC) 1148

SUPREME COURT OF INDIA
K.V. VISWANATHAN, ARUN PALLI, JJ.
John Mathew – Appellant
Versus
Santha Paul & Ors. – Respondents
Civil Appeal No. of 2026 (Arising out of SLP (C) No. 34086 of 2025)
Decided On : 21-09-2026

The power under Order XIV Rule 2(2) CPC to 'try an issue first' is prospective. Once a trial of issues generally has commenced, the court cannot retrospectively sever a specific issue to be adjudicated as a preliminary issue.

Table of Contents

6. Under Order XIV Rule 2, when can a court try an issue as a preliminary issue?

7. Does the framing of all issues prevent a court from later directing a preliminary issue under Order XIV Rule 2?

8. What is the effect of the court having already embarked upon trial of all issues on the power under Order XIV Rule 2(2)?

9. Can the court's inherent power under Section 151, CPC, be used to circumvent the conditions of Order XIV Rule 2?

10. Is the question of limitation always a pure question of law that can be tried as a preliminary issue?

Judicial Analysis

2026 Supreme(SC) 1148

SUPREME COURT OF INDIAK.V. VISWANATHAN, ARUN PALLI, JJ.John Mathew – AppellantVersusSantha Paul & Ors. – RespondentsCivil Appeal No. of 2026 (Arising out of SLP (C) No. 34086 of 2025)Decided On : 21-09-2026

The power under Order XIV Rule 2(2) CPC to 'try an issue first' is prospective. Once a trial of issues generally has commenced, the court cannot retrospectively sever a specific issue to be adjudicated as a preliminary issue.

Table of Contents

6. Under Order XIV Rule 2, when can a court try an issue as a preliminary issue?

7. Does the framing of all issues prevent a court from later directing a preliminary issue under Order XIV Rule 2?

8. What is the effect of the court having already embarked upon trial of all issues on the power under Order XIV Rule 2(2)?

9. Can the court's inherent power under Section 151, CPC, be used to circumvent the conditions of Order XIV Rule 2?

10. Is the question of limitation always a pure question of law that can be tried as a preliminary issue?

Cases Referred (14)

Judicial Analysis

SUPREME COURT OF INDIA
K.V. VISWANATHAN, ARUN PALLI, JJ.
John Mathew – Appellant
Versus
Santha Paul & Ors. – Respondents
Civil Appeal No. of 2026 (Arising out of SLP (C) No. 34086 of 2025)
Decided On : 21-09-2026