NDLI: Ramji Singh Patel Vs. Gyan Chandra Jaiswal

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Limitation Question of law/fact
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963) Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – s.100 – Second appeal – Respondent ran the business of flour mill (Atta Chakki) etc., since 1990, which initially operated on electricity, from his residential accommodation – Appellant, is the owner and resident of the adjoining house, which has a common wall with the house of respondent – Suit by appellant in 2004 for perpetual injunction prohibiting the respondent from running the said business, as according to the appellant from the year 2003 respondent started operating the flour mill with machines, on diesel engine, which started causing severe vibrations and air pollution – Suit decreed – Decree upheld by first appellate court – High Court set aside the orders of the Courts below – On appeal, held: Substantial question of law formulated by High Court pertained to the issue of limitation in filing the suit – No such plea was taken up by the respondent in the written submissions filed by him in the suit and no evidence was led by the parties on the issue – Thus, no issue on limitation came to be casted – However, even in the absence of any specific issue of limitation, such a plea could have been taken by the respondent in second appeal before High Court only if the issue of limitation was raised as a pure question of law – But, in the instant case the issue of limitation was a mixed question of law and fact and, therefore, it could not have been entertained by High Court for the first time in the second appeal filed by the respondent – Further, even on merits the approach of High Court was not coLimitation – Plea of – Question of law/fact – When can be raised – Discussed.
Judge	Hon'ble Mr. Justice Arjan Kumar Sikri
Neutral Citation	2018 INSC 23
Petitioner	Ramji Singh Patel
Respondent	Gyan Chandra Jaiswal
SCR	[2018] 1 S.C.R. 688
Judgement Date	2018-01-11
Case Number	1799

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