The High Court rejected a writ petition concerning the rejection of an application to frame an additional issue of bar of limitation. The Court held that such interlocutory orders are appealable and do not require writ intervention.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3033 OF 2010
Govind Narhari Dangre & ors ..Petitioners
V/s.
Balkrishnam Ramchandra Dangre (Since deceased) through legal heirs
..Respondents
Mr.K.J.Patil, Advocate, for the Petitioners None for the Respondents
CORAM : A.S.OKA, J. DATE : 19TH APRIL, 2010
P.C.
. Heard the learned Counsel appearing for the
Petitioners. The Petitioners are the original Defendants. A suit
for possession of immovable property on title has been filed by
the original Plaintiffs. An application was made in the said suit
by the Petitioner for framing an additional issue of bar of limitation. By the impugned Order, the said application has
been rejected. Apart from the fact that the
Petitioners/Defendants have not pleaded adverse possession in
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the Written Statement, there is no specific plea of bar of limitation in the Written Statement. The impugned Order is purely interlocutory in nature which is capable of being challenged in an Appeal which may be preferred by the Petitioners against the decree passed in the Suit, if the same be adverse the Petitioners. In any event, at any stage, if the Trial Court finds that the issue of bar of limitation arises, the trial Court is duty bound to consider the same in view of the mandate of Section 3 of the Limitation Act, 1963. Subject to what is observed above, the Writ Petition is rejected.
(A.S.OKA, J.)
2 issues framed by the court
Whether an interlocutory order rejecting an application for framing an issue regarding bar of limitation is maintainable by a writ petition.
Whether the denial of the bar of limitation issue effectively concludes the merits of the limitation defence.
1 provisions across 1 enactments
Govind Narhari Dangre & ors
Balkrishnam Ramchandra Dangre (Since deceased) through legal heirs
A.S.OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court