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PUSHPENDRA SINGH BHATI
Sohan Lal – Appellant
Versus
Lrs of Late Shri Ram Bux – Respondent
ORDER
1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
2. The petitioner has preferred the present writ petition claiming the following relief :_
(ii) By an appropriate writ, order or direction, the application under Order 14 Rule 2 of the CPC (Annex. 5) filed by the petitioner may kindly be allowed and the additional issue which has been framed vide order dated 21.08.2018 (Annex. 4) may kindly be ordered to be decided as preliminary issued in accordance with law."
3. Learned counsel for the petitioner submits that the application under Order 14 Rule 2 CPC has been wrongly dismissed by the learned court below, as admittedly as per Section 59 of the Limitation Act, 1963, a decree can be sought to be set aside within the limitation of three years whereas the decree in question is dated 02.06.1976 and whereas it is sought to be reopened for challenge in the year 2001.
4. Learned couns
Limitation issues are mixed questions of fact and law and cannot be determined as preliminary issues under the CPC.
Consideration of an issue and its disposal as a preliminary issue is permissible only in limited cases, specifically issues relating to the jurisdiction of the court or a bar of the suit created by a....
The principle of res judicata and the provisions of Order XIV Rule 2 of the Code of Civil Procedure, 1908 were central to the court's decision.
The Court clarified that mixed questions of fact and law, such as maintainability of a suit based on admissions, cannot be decided as a preliminary issue unless the facts are clear from the pleadings....
A disputed question cannot be decided as a preliminary issue.
The court retains discretion to decide preliminary issues related to jurisdiction or limitation but may also resolve all issues simultaneously to avoid protracted litigation.
(1) Questions of fact can be decided only by recording evidence and a decision on such disputed questions is possible only in final judgment of trial Court and not earlier to final judgment.(2) Preli....
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The issue of limitation cannot be framed as a preliminary issue under Section 9A of CPC, as established in Nusli Neville Wadia vs. Ivory Properties.
The trial court must reevaluate the limitation of a suit based on evidence and compliance with prior orders, rather than rely solely on earlier decisions.
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