Issue of limitation should be decided as preliminary issue under S.9A of civil procedure code
The Trial Court is
directed to frame the issue as to whether the suit is barred by limitation as a
preliminary issue under Section 9A of the Code of Civil Procedure. The Trial
Court would offer an opportunity to the parties to lead both oral as well as
documentary evidence in respect of the said issue. The Trial Court to decide
the said issue of limitation within a period of three months of the parties
appearing before it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10366 OF 2012
Smt.Sunita Sudam Ranaware : Petitioner.
Versus
Sou Rama Vijay Oberoi
CORAM : R. M. SAVANT, J.
DATE : 13th March 2013
Citation; 2013 (3) MH L J 81
directed to frame the issue as to whether the suit is barred by limitation as a
preliminary issue under Section 9A of the Code of Civil Procedure. The Trial
Court would offer an opportunity to the parties to lead both oral as well as
documentary evidence in respect of the said issue. The Trial Court to decide
the said issue of limitation within a period of three months of the parties
appearing before it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10366 OF 2012
Smt.Sunita Sudam Ranaware : Petitioner.
Versus
Sou Rama Vijay Oberoi
CORAM : R. M. SAVANT, J.
DATE : 13th March 2013
Citation; 2013 (3) MH L J 81
https://www.lawweb.in/2013/06/issue-of-limitation-should-be-decided.html
