Sh. Lalnuntluanga v. Union of India and 6 Ors.
Case brief
What is this about?
The Gauhati High Court allowed an appeal against the dismissal of a civil suit on limitation grounds. The judgment held that limitation is a mixed question of law and fact and cannot be decided as a preliminary issue when factual enquiry is pending. The appeal was remanded.
What did the court decide?
Impugned order dated 21.03.2017 was set aside and matter remanded to Trial Court for reconsideration on all 10 issues. Delay issue left open.
What the court decided
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GAHC030000082017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RFA/18/2017
Sh. Lalnuntluanga Dawrpui, AIzawl VERSUS Union of India and 6 Ors New Delhi 2:General Officer Commanding Eastern Command Kolkata Kolkata 3:Commander 73 Mountain Brigade 99 APO Shillong 4:Post Commander ASC Zemabawk Aizawl Zemabawk Aizawl 5:DC Aizawl Aizawl 6:Secy Dept of Land Revenue and Settlement Aizawl 7:Director Land Revenue and Settlement Govt. of Mizoram Aizaw
Advocate for the Petitioner : Mrs H Lalmalsawmi
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Advocate for the Respondent : Mrs. Linda L Fambawl (Addl.AG/GA, Mizoram) for R5 - R7
B E F O R E
THE HON’BLE MR. JUSTICE NELSON SAILO
Date of Hearing : 11.08.2022 & 12.08.2022 Date of Judgment : 12.09.2022
Issues for consideration
3 issues framed by the court
Whether a suit claiming rental compensation for continuous forcible occupation of land by armed forces is barred by limitation without determining factual aspects.
Whether Order XIV Rule 2(2) CPC permits disposal of a suit based on mixed issues of law and fact as a preliminary issue.
Whether the case of continuing tort under Section 22 of Limitation Act prevents bar by limitation in occupation of land cases.
Parties & counsel
- appellant
Sh. Lalnuntluanga Dawrpui
- respondent
Union of India
- respondent
General Officer Commanding Eastern Command
- respondent
Commander 73 Mountain Brigade
- respondent
Post Commander ASC Zemabawk
- respondent
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · September
- Registered
- Case no.
- RFA/18/2017
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