Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r. 2(2) 1908: 0. 14 CODE OF CIVIL PROCEDURE |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CODE OF CIVIL PROCEDURE, 1908:0. 14, r. 2(2) - Court to pronounce judgment on all c issues - Disposal of suit on issue of limitation taking it as preliminary issue - Propriety of - Suit for declaration that settlement deeds executed by former trustee in favour of his daughters and grand daughter were null and void and for recovery of possession - Single Judge of High Court framing 0 issues and taking Issue No. 1 relating to limitation, as preliminary issue and dismissing the suit - Held: A plea of limitation is a mixed question of fact and law - The language employed in sub-r. (2) of r. 2 of 0. 14 makes it clear that when an issue requires an inquiry into facts, it can be stated with E certitude that when an issue requires an inquiry into facts it cannot be tried as a preliminary issue - In the instant case, unless there is determination of the fact which would not protect the plaintiff u/s 10 of Limitation Act, the suit cannot be dismissed on the ground of limitation - It is not a case which F will come within the ambit and sweep of 0. 14, r. 2 which would enable the court to frame a preliminary issue for adjudication - Issue No. 1 was an issue that pertained to fact and law and,. as such, could not have been adjudicated as a preliminary. issue - Therefore, impugned judgments· are set aside and the matter is remitted to single Judge of High Court to dispose G of the suit as expeditiously as possible - Limitation Act, 196:3 -s. 10. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 467 |
Petitioner | Satti Paradesi Samadhi & Philliar Temple |
Respondent | M. Sankuntala (d) Tr. Lrs. & Ors. |
SCR | [2014] 9 S.C.R. 221 |
Judgement Date | 2014-07-03 |
Case Number | 5954 |
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