Second appeal raised questions regarding the procedure for deciding limitation as a preliminary issue under Order XIV Rule 2 CPC. The court issued notice for final disposal on these substantial questions of law and granted ad-interim relief in the interim application.
Ad-interim relief granted in Interim Application No. 9657 of 2024.
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.
905.393.24 sa.docx
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 393 OF 2024 WITH
INTERIM APPLICATION NO. 9657 OF 2024 (NOT ON BOARD) IN
SECOND APPEAL NO. 393 OF 2024
Daji Natha Tippe Jadhav
.....Appellant
Vs.
Anant Panditrao Salgar and Ors
.....Respondents
Mr. Avinash Avhad a/w Mr. Sahil S. Ghule for the appellant
IRESH MASHAL
CORAM : GAURI GODSE, J.
DATE : 5th SEPTEMBER 2024
Digitally signed by IRESH MASHAL Date: 2024.09.09 12:45:34 +0530
ORDER:
1. Heard learned counsel for the parties. The second appeal raises the following substantial questions of law:
(i) Whether the suit could have been dismissed on the
point of limitation by framing a preliminary issue under
Rule 2 of Order XIV of Code of Civil Procedure, 1908
(‘CPC’)?
(ii) Whether the point of limitation in the present suit
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905.393.24 sa.docx
being a mixed question of law and fact, the suit could have been rejected only by framing the preliminary issue on the point of limitation?
(iii) Whether the dismissal of the suit as barred by law of limitation decided by framing a preliminary issue under Order XIV Rule 2 of CPC is not permissible in view of the settled legal principles as laid down by the Apex Court in the case of Nusli Neville Wadia Vs. Ivory Properties and
Ors1 .
1 2020 (6) SCC 557
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905.393.24 sa.docx
INTERIM APPLICATION NO. 9657 OF 2024:
notice and file affidavit of service before the next date.
[GAURI GODSE, J.]
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3 issues framed by the court
Whether the suit could have been dismissed on the point of limitation by framing a preliminary issue under Order XIV Rule 2 of CPC?
Whether the point of limitation being a mixed question of law and fact, the suit could have been rejected only by framing a preliminary issue?
Whether the dismissal of the suit as barred by limitation under Order XIV Rule 2 of CPC is not permissible in view of Nusli Neville Wadia v. Ivory Properties?
Colour shows how this judgement treated each authority
Nusli Neville Wadia v. Ivory Properties and OrsReferred¶26
Nusli Neville Wadia Vs. Ivory Properties and Ors 2020 (6) SCC 557 · Who else cites this
1 provisions across 1 enactments
Daji Natha Tippe Jadhav
Anant Panditrao Salgar and Ors
Gauri Godse
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
