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2026 Supreme(Online)(Ker) 31707
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.Ravi, J
Sasi Kumar J – Appellant
Versus
Radhika Rani – Respondent
OP(C) NO. 2957 OF 2025
For the Appellants/Petitioners: R.Ranjanie, Meera M., Nevil Zacharia Mathew, Hyrunnisa T.H., Rehan Paul Mathew
For the Respondents: D.Kishore, Meera Gopinath, R.Muraleekrishnan, Anant Kishore
A court must ensure that procedural orders do not prematurely determine substantive issues or create ambiguity regarding the limitation of a suit, and it remains duty-bound to adjudicate such questions on merits during the final trial without being fettered by interlocutory observations.
Headnote:The petitioner challenged certain observations made by the trial court in its interlocutory orders regarding the limitation period of a disputed document. The suit, filed in 2019, faced procedural confusion due to ambiguous phrasing in prior orders concerning whether the document was time-barred. The core issue was whether the trial court had prematurely decided the maintainability of the suit based on the law of limitation. The court observed that while previous orders were not happily worded, they did not constitute a final finding on the limitation aspect. The court held that the trial court must remain free to decide the suit untrammeled by prior tentative observations. The petition was disposed of with a direction to the trial court to decide the suit on its merits, without being prejudiced by earlier observations on limitation, within a six-month timeframe.
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| 1. clarification of trial court orders to ensure unbiased adjudication of the limitation issue on merits. (Para 1 , 2 , 3) |
JUDGMENT
The grievance of the petitioner who is the plaintiff in the suit is that while issuing Ext.P3 and P6 orders, observations to the effect that the court has decided on the question of limitation, have been made. In Ext.P3, in paragraph 3, the court has noted as follows:
"The fact that it was executed on 2011 and no relief can be granted on the basis of the said document need not be considered at this time. Only the relief is barred by Law of Limitation. The document can be accepted in evidence".
2. In Ext.P6 order, the court has clarified in the following manner.
“1. On verifying the order it was found that this Court has never found Ext.Al as a time barred document or concluded that the suit based on the said document is barred by law of limitation. It is only stated in the order that the contention of the defendant regarding the maintainability or admissibility of the document on the ground of law of limitation is not a matter to be considered at the moment of appreciating the fact whether the document is under valued and flowingly, it is said that even if it is barred by law of limitation remedy is barred.”
3. The orders are not happily worded and the apprehension of the petitioner is not totally misplaced. However, in Ext.P6, to a certain extent, the court has clarified stating that the court has not earlier said that there is a bar of limitation.
In the above circumstances, the Original Petition is disposed of making it clear that the Court below shall dispose of the suit on merits in accordance with law, untrammelled by the observations made in Exts.P3 and P6 and without prejudice to the contentions of plaintiff and the defendant regarding the question of limitation. Since the suit is of 2019, all efforts shall be taken to consider and dispose of the suit at the earliest, at any rate within 6 months from the date of receipt of copy of this judgment.
