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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Raj Singh – Appellant
Versus
M.R. Trading Co. – Respondent
JUDGMENT :
Pankaj Jain, J.
Challenge is to the order dated 23.08.2023 passed by Civil Judge, Junior Division, Kamal (Annexure P-5) whereby the issue of limitation has been ordered to be treated as preliminary issue.
2. Plaintiff filed suit for declaration to the effect that he is entitled to recover an amount of Rs. 18,65,832/-. In the suit defendant filed application under Order VII Rule 11 CPC claiming that the suit was barred by law as from the perusal of the plaint itself it can be held that the same was filed beyond the prescribed period of limitation. The said application was dismissed vide order dated 20.08.2019. The matter came before this Court in CR No.5318 of 2019. The revision was disposed off with the direction to the Trial Court to decide application for framing preliminary issue of limitation considering ratio of law laid down in Rajinder Singh Rathore Vs. G.S.Rathore (Ghanshyam Singh Rathore) and ors. 2018(2) Law Harald 967. Application was moved before the Trial Court praying for framing of the issue qua limitation and treating the same as preliminary issue. The same has been allowed by the Trial Court observing as under :-
'It is not in dispute that earlier plaintiff
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....
The question of limitation in a chitty transaction is a mixed question of fact and law and should be decided based on evidence, not 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.
Limitation issues are mixed questions of fact and law and cannot be determined as preliminary issues under the CPC.
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.
A disputed question cannot be decided as a preliminary issue.
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.
(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....
Judicial compliance requires courts to adhere to directives for reassessment of issues, particularly concerning limitation in civil suits.
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