Supreme Court clarify the sequence of trial, when can a issue be settled as preliminary issue and the legislative intent of Order 14 Rule 2 CPC, 1908
Supreme Court clarify the sequence of trial, when can a issue be settled as preliminary issue and the legislative intent of Order 14 Rule 2 CPC, 1908 [1] Shubham Budhiraja [2] A filed a suit against B for cancellation of sale deed with consequent relief of possession of suit property which B had executed in favour of C. It is A case that GPA executed by A to B did not confer him authority to sell the property. The GPA is of 21/05/2005, Sale Deed 25/05/2005 and A said he get to know of the same in 2009 and consequently he filed a suit. After issues were framed including one of issue being of limitation, B&C filed application for deciding issue of limitation as preliminary issue first. The Trial Court adjudged the same and held plaint to be barred by limitation. The first appellate court affirmed the same. The High Court in regular second appeal held that suit was within limitation because it was to be governed by 12-year period and not 3 because consequent relief ...