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SANJAY DWIVEDI
Satendra Kumar Pathak – Appellant
Versus
Govid Prasad Pathak – Respondent
ORDER
1. The petitioner has filed this petition under Article 227 of the Constitution of India challenging the order dated 5.7.2023 (Annexure P/7) passed by the trial Court in a pending civil suit i.e. RCS-A-188/2022 whereby an application filed by him under Order 14 rule 5 of the Code of Civil Procedure for framing additional issue has been rejected.
2. The suit was filed by the respondent No.1/plaintiff for declaration and permanent injunction in which written-statement was filed on behalf of defendants taking a stand therein that the claim of the plaintiff was barred by time but despite that issue with regard to the limitation has not been framed. An application was, therefore, moved by the petitioner/defendant asking the trial Court to frame additional issue as to whether suit is barred by time or not but the trial Court has refused to entertain the application saying that whatever issues are framed, those are sufficient to decide the issue pending before the Court.
3. I have perused the plaint, written-statement and also the issues framed by the trial Court.
4. In the opinion of this Court when there is specific stand taken by the defendant in the written-statement that the suit
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 ruled that a suit filed after a lengthy delay is barred by limitation, establishing that the commencement of limitation can start from an earlier event, not just the filing date.
A disputed question cannot be decided as a preliminary issue.
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