AI Overview...
- Limitation as a Mixed Question of Law and Fact - Main points and insights:
- Limitation is considered a mixed question of law and fact, which cannot be conclusively decided at the initial stage of numbering or rejecting a plaint without proper pleadings, framing of issues, and evidence (INDMAD00000497725, 00200057397, 02100126297).
- The courts emphasize that the determination of whether a suit is barred by limitation involves both factual assessments and legal principles, making it unsuitable for decision solely at the threshold (02100031670, 00200057397, 02100126297).
- Rejection of plaint on the ground of limitation without proper inquiry or evidence is improper; such questions are to be decided during the trial after examining the facts and pleadings (INDMAD00000497725, 00200027825, 02100126297).
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Courts have held that even if the limitation issue appears evident, it should be adjudicated as a mixed question of law and fact during trial, rather than at the stage of plaint rejection (00200027825, 02100101068).
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Analysis and Conclusion:
- The consistent judicial stance across the sources is that limitation cannot be treated as a purely legal question or purely factual one at the initial stage of suit proceedings.
- Proper procedure involves framing issues, allowing parties to present evidence, and then determining whether the suit is barred by limitation during trial.
- Therefore, rejection of a plaint solely on the ground of limitation at the initial stage is generally unsustainable unless the facts are clear and undisputed, and the limitation is evident from the pleadings alone.
- This approach ensures fairness and adherence to principles of natural justice, allowing a comprehensive examination of all relevant facts and law before deciding on the limitation bar.
References: - D.Asha @ Sahaya Asha vs V.Siluvai Dhasan - Madras - Canara Bank, Kovilpatti Branch represented by its Manager VS P. Kannan and Another - Madras - N. Lakshmikantha Reddy VS S. Mohammed Hussain - Andhra Pradesh - Indian Overseas Bank, Branch Ramagiri, nalgonda VS Burugu Ramulu - Andhra Pradesh - Pottem Ashok Kumar VS T. Chidambar - Andhra Pradesh - P. Rama Krishna VS K. Goverdhan Reddy @ Gopal Reddy - Telangana - M. Banupriya VS M. Lakshmi - Madras - Gopani Narasaiah VS Motilal Surana - Andhra Pradesh - Kotapati Ramalakshmi @ Radhika VS Doneparthi Hymavathi - Andhra Pradesh - Dewan Bahadur M. O. Parthasarathy Iyengar's Charities, Rep. by its Secretary VS Rani Bala Kumari Nachiar - Madras
Search Results for "Limitation is Mixed Law and Fact and it Cannot be Decided at the Time of Numbering the Plaint"
2025 Supreme(Online)(Mad) 67492 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR, JJ
numbering on grounds of being barred by limitation - Court held that the order rejecting plaint without allowing an opportunity to ... the plaintiffs to present their case is improper - Court observes that limitation is a mixed question of law and fact and should ... (A) Code of Civil Procedure, Section 96 - Limitation Act, 1963 - Rejection of plaint - Appeal against rejection of plaint before ... However, in cases....
1994 0 Supreme(Mad) 45 • India - Madras
THANIKKACHALAM
filed against first defendant barred by limitation. ... principal debtor and seemed defendant surety-Second defendant acknowledged the debt on 1.9.1986 and suit filed in 1987-Held, whether plaint ... The question of limitation on the fact situation in the instant case is undoubtedly a mixed question of fact and law." ... 3. ... W. 453 at 457, held as under: ... "The question of limitation is invariably a mixed question of #HL_ST....
2023 0 Supreme(AP) 1475 • India - Andhra Pradesh
K. MANMADHA RAO
The court emphasized that the question of limitation is a mixed question of law and fact and cannot be decided solely based on the ... reading of the plaint without proper pleadings, framing of an issue of limitation, and taking of evidence. ... LIMITATION - Amendment of registered sale deed - Limitation Act - Article 137 - Order 14 Rule 2 - The court ... Question of limitation is a mixe....
2001 0 Supreme(AP) 1171 • India - Andhra Pradesh
P.S.NARAYANA
- Court considered opinion hat since the question of limitation is a mixed question of fact and law and especially in light of allegations ... be within limitation and plaint was represented stating that in view of promissory letter issued by respondent defendant and in light ... made in plaint rejection of plaint at threshold by Court below as against respondents defendants is unsustainable in law – Order ... numbering#HL....
2018 0 Supreme(AP) 882 • India - Andhra Pradesh
A.RAJASEKHAR REDDY
averments only to accept valuation and returned plaint to file market value certificate in order to take decision on jurisdiction ... value, Trial Court, while not accepting notional value assessed by plaintiff for purpose of payment of Court fee, Court considered plaint ... averments only to accept valuation and returned plaint to file market value certificate in order to take decision on jurisdiction ... Learned Counsel further submits that at the stage of numbering the suit, sufficiency or other wise of the Court fee ....
2023 0 Supreme(Telangana) 78 • India - Telangana
M. G. PRIYADARSINI
suit on ground of barred by limitation is devoid of merits in view of law laid down by Apex Court in Shakti Bhog Food Industries ... mentioned in Ex.R.1 cannot be construed to be essence of contract inasmuch had accepted part of sale considerations - Even if said ... also too hard to believe - Even contention of learned Senior Counsel for appellant that trial Court erred in rejecting suit after numbering ... Since the suit was already numbered, the trial Court ought not to have rejected the suit on the ground being it ba....
2012 0 Supreme(Mad) 4002 • India - Madras
R.SUBBIAH
Fact of the Case: Plaintiff filed the suit against the defendants numbering 7 for the following reliefs: (i) to declare ... , even if the part of cause of action arose within the jurisdiction of this Court, the Original Side jurisdiction of this Court cannot ... Whether the suit is liable to be rejected on the ground of limitation? ... For this, it is the submission of the plaintiff that the plea of limitation is mixed question of facts and law and, as such, the #HL....
2005 0 Supreme(AP) 885 • India - Andhra Pradesh
A.GOPAL REDDY
during course of trial and can be adjudicated as preliminary issue, but plaint cannot be rejected ... ... ; Plea of res judicata is a mixed question of law and fact, which has to be adjudicated based upon ... contend that plaintiff disentitled for relief which is barred by law under Or7, R11(d) - Trial Court rejecting plaint holding ... He further contends that it is not open for the court to decide the point as to whether the dispute raise....
2008 0 Supreme(AP) 936 • India - Andhra Pradesh
GOPALA KRISHNA TAMADA
stated supra – Petitioner raised an objection to the very maintainability of the revision - He contended that since rejection of plaint ... claimed by plaintiffs - However office took objection stating that claim of respondents relating to the period from is barred by limitation ... institution of suit - Aggrieved thereby, respondents filed the Civil Revision Petition before Court. - This Court, observing that numbering ... and law and it cannot be decided at the threshold. ... ... In....
2017 0 Supreme(Mad) 3508 • India - Madras
M.V.MURALIDARAN
The objection of limitation was considered a mixed question of law and facts and could only be decided during the trial of the suit ... Ratio Decidendi: The court held that the objection of limitation was a mixed question of law and facts and could not be decided ... the application to reject the plaint under Order 7, Rule 11 CPC, holding that the suit was not barred by limitation and the plaint ....
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