Held that limitation is a mixed question of fact and law. Directed the trial court to frame an issue regarding limitation and expedite the trial by concluding hearings as expeditiously as possible.
Directed the learned trial court to frame an issue regarding limitation and proceed with the trial.
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C.M.P. No.1594 of 2016
06.12.2016 Heard Mr. A. Pradhan, learned counsel for the petitioners.
This petition challenges the order dated 23.09.2016 passed by the learned Civi
l Judge (Junior Division), Kamakshyanagar in C.S. No. 12 of 2015, whereby and whereunder the l
earned trial court rejected the application of the defendant to decide the issue of limitation
as a preliminary issue.
Limitation is a mixed question of fact and law.
The petition is disposed of with a direction to the learned trial court to fra
me an issue with regard to the limitation and proceed with the trial. The learned trial court
shall do well to conclude the hearing of the suit as expeditiously as possible.
Dr.A.K.Rath, J.
2
1 issue framed by the court
Whether the trial court should decide the issue of limitation as a preliminary issue or frame a formal issue.
Petitioners
Defendant
Dr.A.K.Rath
As recorded by the court registry
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