NDLI: M/s Mongia Realty and Buildwell Private Limited Vs. Manik Sethi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Limitation Act 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Limitation Act, 1963 – Issue of Limitation – Preliminary issue – Disputed question of facts – The case of the appellant was that the respondent had requested appellant to grant a business loan from time to time and the request was acceded – Respondent partly discharged the liability, however, failed to pay outstanding amount – The appellant instituted a suit for recovery against the respondent– The respondent filed written statement – The respondent denied that there were any loan transactions, and on the contrary, set up the plea that the transactions between the parties pertain to the payment of commission by the appellant to the respondent in connection with real estate transactions – An application u/Or. 7 r.11 of the CPC was also filed by the respondent or the rejection of the plaint on the ground that the suit was barred by limitation – Pursuant to which, the trial Court framed a preliminary issue on whether the suit was barred by limitation – The trial Court held that the last payment was made on 20.06.2013 by the appellant and since the suit was instituted on 01.04.2017, three years nine months and ten days there after, it is barred by limitation – High Court dismissed the appeal filed by the appellant against the order passed by the trial court – On appeal, held: The appellant has specifically set up a plea in the plaint that the loans were to be repaid within one year from the date of the payment of the last installment – The case of the appellant has to be proved on the basis of evidence adduced in the suit – Such an issue could not have been decided purely on the basis of oral arguments urged on behalf of the contesting parties – The trial Judge had heard the preliminary issue only on the basis of the arguments at the Bar – There are two conflicting versions on the nature of the business transactions between the parties – The issue of limitation in the instant case would require evidence to be adduced – Since the determination of the issue of limitation in this case is not a pure question of law, it cannot be decided as preliminary issue u/Or.XIV r.2 – The issue of limitation which was framed by the trial Judge may be decided, along with other issues at trial – Therefore, the judgment of the trial Judge and the Single Judge of the High Court are set aside – Code of Civil Procedure, 1908 – Or.XIV r.2.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 122
Petitioner	M/s Mongia Realty And Buildwell Private Limited
Respondent	Manik Sethi
SCR	[2022] 1 S.C.R. 998
Judgement Date	2022-01-31
Case Number	814

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M/s Mongia Realty and Buildwell Private Limited Vs. Manik Sethi

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M/s Mongia Realty and Buildwell Private Limited Vs. Manik Sethi

M/s Mongia Realty and Buildwell Private Limited Vs. Manik Sethi

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