Is the question of limitation a pure question of law rather than a mixed question of fact and law?
Coram: Justice K.V. Viswanathan · Justice Arun Palli
The question of limitation is not a pure question of law but a mixed question of fact and law.
No. The question of limitation is not a pure question of law but a mixed question of fact and law. A trial court therefore errs in trying limitation as a preliminary issue under Order XIV Rule 2 without permitting the plaintiff to adduce evidence (¶45).
Code of Civil Procedure, 1908 — Order XIV Rule 2 — Preliminary issue of law — Trial of issues — Limitation — Code of Civil Procedure, 1908 — Order XIV Rule 2(2) — Trial of issues — Held: Once a court has embarked upon the trial of the issues generally, Order XIV Rule 2(2) cannot be invoked to reorder that trial. The framing of all issues together does not by itself prevent a court from earlier directing prior trial of a qualifying issue. (¶47, 32) Code of Civil Procedure, 1908 — Order XIV Rule 2 — Limitation — Held further: The question of limitation is not a pure question of law but a mixed question of fact and law. A trial court errs in trying limitation as a preliminary issue without permitting the plaintiff to adduce evidence. (¶45) Code of Civil Procedure, 1908 — Order XIV Rule 2 — Restoration of suit — Held further: The orders below were set aside and the suit was restored to the Trial Court to resume from the stage before the preliminary-issue interruption. (¶48, 50)
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