AIR 2019 SUPREME COURT 5125

Supreme Court Of India

: AIROnline 2019 SC 1198 (From: Bombay)*

Hon'ble Judge(s): Arun Mishra, M. R. Shah, B. R. Gavai , JJJ

(A) Civil P.C. (5 of 1908) , S.9A, O.14 R.2(2)— (as inserted by the Maharashtra Amendment Act (65 of 1977)) Preliminary issue - Limitation - Issue of limitation can be decided as preliminary issue when it is based on admitted facts - When facts about issue of limitation are disputed it cannot be decided as a preliminary issue - A mixed question of law and fact cannot be decided as preliminary issue either u/S. 9A or O. 14, R 2 - Unless the question is pure question of law it cannot be decided as preliminary issue. Limitation Act (36 of 1963) , Art.3— (2009) 1 AIR Bom R 477, (2009) 2 Bom CR 622, 2011 (2) AIR BomR 754, 2012 (3) AIR BomR 742, 2012 (6) AIR BomR 917, 2014 (1) AIR BomR 70, 2015 SCC OnLine Bom 664, 2000 AIHC 4944 (Bom), 2002 SCC OnLine Bom 1337, 2003 (2) Mh.L.J. 219, 1999 AIHC 6 (Bom), Overruled. In a case question of limitation can be decided based on admitted facts, it can be decided as a preliminary issue u/O. 14, R. 2(2)(b). Once facts are disputed about limitation, the determination of the question of limitation also cannot be made u/O. 14 R. 2(2) as a preliminary issue or any other such issue of law which requires examination of the disputed facts. In case of dispute as to facts, is necessary to be determined to give a finding on a question of law. Such question cannot be decided as a preliminary issue. In a case, the question ....