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Supreme Court Of India

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)) Limitation Act (36 of 1963) , S.3— 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 can not be decide as a preliminary issue-A mixed question of law and fact can not 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. (2009) 1 AIR Bom R 477, (2009) 2 Bom CR 622, 2011 (2) Mh.L.J. 936, (2012) 3Bom CR 770, 2012 SCC OnLine Bom 1994, 2013 SCC OnLine Bom 1368, 2015 SCC OnLine Bom 664, 2001 (1) Mh.L.J. 324, 2002 SCC OnLine Bom 1337, 2003 (2) Mh.L.J. 219, 1998 (3) MLJ 940 - Overruled. (Para 47 48 50 51 58 62) 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 fact....