CiteTEXT
...respondents raised a preliminary objection regarding limitation and contended that on the preliminary issue the main petition should be dismissed in limine. The said preliminary objection was rais...the point of time for commencement of limitation, are questions of fact and such questions cannot be tried as a preliminary issue as they require evidence. It was specifically asserted in para 4 of...decided as a preliminary issue as the whole matter had to be heard. That apart there being clear averments of fraud in the company petition, under law, the limitation would start running only from the date the fraud was dis...
...question of limitation as a preliminary issue and came to the conclusion that the suit was not barred by limitation. This appeal has been filed against the said order.4. The learned...should have been disposed of on the preliminary issue. While deciding the question whether the suit was barred by limitation, the High Court had to examine the allegations made in the plaint and the stand...counsel appearing for the respondent took an objection that the learned Judge should not have decided the question of limitation as a preliminary issue, especially when that question did not arise, merely...
...“Whether the claim of the plaintiff in the suit is barred by limitation” be raised under Section 9-A and tried as a preliminary issue.7. Whereas while dealing with the appeal against the ...trial court held that the issue of limitation being a mixed question of fact and law could not be framed as a preliminary issue under Section 9-A CPC. In appeal, the learned Single Judge of the High...the same, the learned Single Judge framed a preliminary issue as to whether Suit No. 2939 of 1994 was barred by limitation or not. The learned Single Judge held that though the matter in issue in Suit No. 6734 of 1...
...predecessor, the other party to the agreement, died in the year 1965.5. The defendants sought a trial of the issue relating to jurisdiction as a preliminary issue in terms of Section 9-A as introd...have been tried as a preliminary issue in terms of Order 14 Rule 2 of the Code of Civil Procedure. Learned counsel further submitted that on the averments in the plaint, it could not be said that the suit was barred by ...can be dealt with only after evidence is taken and not as a preliminary issue unless, of course, it is admitted in the plaint that the plaintiffs had notice that performance was refused by the defendants and it is ...
...mainly against the 5 Respondent. The Trial Court framed a preliminary issue on the question of limitation, evidently, upon forming the opinion that case may be disposed of on an issue of law and that it...issue of limitation can be determined as a preliminary issue under Order XIV, Rule 2, CPC’. It is no longer res integra. In the decision in Mongin Realty and Build Well Private Limited v. Manik...), CPC., the two-Judge Bench held that in the case before their Lordships the question of limitation could not have been decided as a preliminary issue under Order XIV, Rule 2 of CPC as determination of the issue o...
...respective applications inter alia requesting the court that the issue of limitation which determines jurisdiction of the trial court be framed as a preliminary issue before considering the suit on merits....the other issues on merits of the plaintiff's case and thus, cannot be decided at the threshold as a preliminary issue. The trial court, upon consideration of the pleas advanced, has concluded that the issue of ...caused to the plaintiff since the said preliminary issue would be decided after granting opportunity of hearing to both the sides.7. Aggrieved by the aforesaid judgment and order of the High Cour...
....21. In the instant case, the preliminary issue framed by the trial court is about the question of limitation. Such issue would not be an issue on the jurisdictio...Order 14 Rule 2. The question of limitation is synonymous with jurisdiction, and if raised, the court has to try it as a preliminary issue under Section 9-A as applicable to the State of Maharashtra...CPC Amendment Act of 1976. The question of limitation and res judicata is the one which can be decided as a preliminary issue under Section 9-A CPC. It is submitted that under Order 13 Rule 1, parties...
...learned Single Judge that the suit was barred by limitation. Accepting the submission of the defendant, the learned Single Judge thought it appropriate to take up Issue 1 as a preliminary issue. Before the learned ...after framing the issues, the learned Single Judge had taken up the question of limitation as a preliminary issue and question of limitation is a mixed question of law and facts and the appellant ought...a preliminary issue and where the decision on issue of law depends upon decision of fact, it cannot be tried as a preliminary issue.”15. In the case a...
Can't display summary as content is Scanned, Please open the judgment to see full content.
...application was ordered to be heard along with the suit. However, the learned trial Court has framed the preliminary issue of limitation and the suit was dismissed on the ground of limitation by...deciding the preliminary issue in favour of the defendants and against the plaintiff.Feeling dissatisfied with the orders dated 06.10.2009 passed by Civil Judge (Junior Division), Ferozepur..., Jhirka, the plaintiff filed the first appeal. The said appeal was accepted vide judgment dated 10.05.2010 and the preliminary issue was decided against the defendants.Feeling...
...and pardon late filing of appeal”4. I heard the ld. DR on this preliminary issue of limitation. The ld. DR submitted that the assessee has not furnished any reason explaining the delay and h...assessee.3. I notice that the appeal is barred by limitation by five days. The assessee has filed an affidavit with regard to the delay caused in filing the appeal and the same reads as...
...file a separate application raising the preliminary issue of limitation. This petition shall be disposed of as it is not pressed by the learned Counsel for the petitioners upon instructions of the petitioners.
...preliminary issue of
Page 1 of 2
limitation before the trial Court, which would be decided by the Court below in accordance...with the law. Hence, learned Counsel for the petitioners requested to dispose of this petition permitting the petitioners to raise the issue of limitation as preliminary issue before the trial Court...
...application being Notice of Motion No.48 of 2014 for framing of preliminary issue of limitation by invoking Section 9A of the Civil Procedure Code. The Trial Court has rejected the said application on the ground that the sa..., the same has to be decided as a preliminary issue before the application for interim relief is taken up. The issue of limitation being an issue which goes to the root of the jurisdiction of the Court was...directed to frame the preliminary issue of limitation and adjudicate upon the same by giving proper opportunities to the parties. The Petition is allowed to the aforesaid extent...
...submit that framing of such preliminary issue on mere asking is not at all warranted and some preliminary enquiry was expected to be conducted. Herein the case, the order of the trial Court framing of the ...filed by respondent for framing of preliminary issue has been decided on merits and the Court was pleased to frame preliminary issue of limitation. Accordingly, even the respondent-defendant has...passed by the trial Court, for framing of preliminary issue, under Section 9-A of Code of Civil Procedure.4. It may be stated that the preliminary issue was framed by the trial Court below...
...and the cross-objections preferred by the respondent/assessee.2. In the said cross-objections, the respondent/assessee raised the preliminary issue of limitation inasmuch as the proceedings under sect...it has been clearly indicated that although no specific period of limitation has been prescribed or indicated under section 201 and 201(1A), a reasonable time limit has to be adopted. In that context...limitation is prescribed.20. The rationale for this seems to be quite clear—if there is a time limit for completing the assessment, then the time limit for initiating the proceedings much be...
..., it would suffice to direct the Labour Court to take up the issue of limitation as a Preliminary issue and decide the same and thereafter, to proceed further. 6...by the respondents / workers / is within limitation or it is barred by limitation as per Section 2A(2) and (3) of the Industrial Disputes Act, 1947. Instead of delving into the merits of the case...there is no limitation for entertaining the dispute for conciliation. Before the Conciliation Officer, the petitioner/ Management has raised an objection that the dispute raised by the workers is...
...filed under Orders 7, 14 Rule 11 and 2 CPC to decide the issue of limitation as preliminary issue and to dismiss the suit as barred by limitation was allowed..... After elaborately discussing on the point of limitation, the lower Court by the impugned order allowed the IA deciding the preliminary issue against the plaintiff-petitioner herein and dismissing the suit as barr...substantial plea taken by the 5th defendant that the suit is barred by limitation, the same was tried as a preliminary issue as prayed by the 5th defendant in the impugned IA and in the process, the lower Court wen...
...filed under Orders 7, 14 Rule 11 and 2 CPC to decide the issue of limitation as preliminary issue and to dismiss the suit as barred by limitation was allowed..... After elaborately discussing on the point of limitation, the lower Court by the impugned order allowed the IA deciding the preliminary issue against the plaintiff-petitioner herein and dismissing the suit as barr...substantial plea taken by the 5th defendant that the suit is barred by limitation, the same was tried as a preliminary issue as prayed by the 5th defendant in the impugned IA and in the process, the lower Court wen...
...on the issue of limitation as a preliminary issue and has held that the suit is barred and is beyond the period of limitation prescribed under article 58 of the schedule to the ...SCC 623), it cannot but be held that an issue of limitation, to be decided as a preliminary issue, ought to be an issue of law only, meaning thereby, an issue that can be decided without adjudicat...a preliminary issue. Therefore, this appeal is entitled to succeed.In the result,
(i) The order of court below on I.A. No. 92/2013 holding that the suit is barred by limitation and t...
...SC 302, has held that the issue of limitation is an issue which goes to the root of jurisdiction and accordingly, when such issue arises, the same is required to be framed as a preliminary ...as a preliminary issue and be decided as such.5] It is made clear that this Court has not examined the merits of the matter and therefore, all contentions of all parties on the issue as to wh...be entitled to urge the issue of limitation be framed as a preliminary issue under section 9a of the cpc as applicable to the State of Maharashtra.4] Very recently, the Hon'ble Supreme...