Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 9547 of 2019 Petitioner :- Jamuni Respondent :- Barphi And 2 Others Counsel for Petitioner :- Dharm Vir Jaiswal,Harsh Vikram Counsel for Respondent :- Kamal Narain Rai
Hon'ble Siddhartha Varma,J.
An application was moved on 18.7.2017 in a suit of the year 1999 that the suit be dismissed on the ground that it had been filed beyond the prescribed period of limitation. This application while was pending, issues were framed on 13.3.2018 and thereafter the application was rejected on 24.9.2018. When the Revisional Court on 31.10.2019 rejected the Revision, the instant application under Article 227 of the Constitution of India was filed.
Learned counsel for the petitioner has submitted that the question of limitation goes to the very root of the matter and it should have been decided at the very first instance.
However, the learned counsel appearing for the plaintiff- respondent submits that the question of limitation is a mixed question of law and facts and the issue ought to have been decided along with all the other issues.
In the case at hand, issues were framed on 13.3.2018 and, therefore, a direction is being issued that the question of limitation be decided as a preliminary issue. While the issue with regard to limitation would be decided, relevant evidence would be led. If, however, the Court below finds that the question of limitation could be decided only after the complete evidence is led, then a definite finding ought to be arrived at in this regard and thereafter when the other issues are decided, the issue of limitation would also be decided. The suit is of the year 1999 and if the Court below is unable to decide the question of limitation as a preliminary issue, then the suit itself shall be decided within a period of one year wherein all the issues shall be decided.
With these observations, the petition is, accordingly, disposed of.
Order Date :- 18.12.2019 GS (Siddhartha Varma, J.)