SUKHBIRI DEVI & ORS versus UNION OF INDIA & ORS.

SUKHBIRI DEVI & ORS versus UNION OF INDIA & ORS.

Where foundational facts determining the starting point of limitation are expressly averred in the plaint and thus admitted, the question of limitation can be framed and decided as a preliminary issue under Order XIV Rule 2(2)(b) CPC; Article 136 of the Limitation Act was inapplicable to extend limitation in the facts of this case; the plaint showed dates (letter dated 08.03.1991 and objection dated 05.04.1991) from which limitation ran and the suit filed on 14.06.2000 was barred; concurrent findings of Trial Court, First Appellate Court and High Court were not perverse and required no interference.

Parties
Appellant: Sukhbiri Devi & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
29 September 2022
Procedural Posture
Civil Appeal / Appeal Under Article 136 of the Constitution (special Leave/civil Appeal No. 10834 of 2010)
Outcome
appeal dismissed
Legal Topics
Order XIV Rule 2(2)(b) CPC, Limitation as Preliminary Issue, Relinquishment Deed and Limitation, Admissions in Pleadings Under Evidence Act, Article 136 Limitation Act
Civil Procedure Limitation Law Evidence Law Constitutional Law Order XIV Rule 2(2)(b) CPC Limitation as Preliminary Issue Relinquishment Deed and Limitation Admissions in Pleadings Under Evidence Act +1 more

Case Brief

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Parties

Sukhbiri Devi & Ors.

Appellant

Union of India & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Under Article 136 of the Constitution (special Leave/civil Appeal No. 10834 of 2010)

Legal Issues

  1. 1 Whether the issue of limitation can be determined as a preliminary issue under Order XIV, Rule 2(2) CPC
  2. 2 Whether Article 136 of the Limitation Act grants a 12 years period applicable to the plaintiffs in this case
  3. 3 Whether Article 17 or Article 65 of the Limitation Act apply in the facts of this case

Ratio Decidendi

Where foundational facts determining the starting point of limitation are expressly averred in the plaint and thus admitted, the question of limitation can be framed and decided as a preliminary issue under Order XIV Rule 2(2)(b) CPC; Article 136 of the Limitation Act was inapplicable to extend limitation in the facts of this case; the plaint showed dates (letter dated 08.03.1991 and objection dated 05.04.1991) from which limitation ran and the suit filed on 14.06.2000 was barred; concurrent findings of Trial Court, First Appellate Court and High Court were not perverse and required no interference.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • All pending applications disposed of