9a cpc
rajesh karnik
(Querist) 09 January 2016
This query is : Resolved
Respected Sir/ Madam,
In our suit defendants have filed motion for deciding preliminary issue under 9a of cpc on the point of limitation on the two point.
1. It is barred by law of limitation. (can be decided on Question of law)
2. It is not maintainable as statutory notice under special act not given to statutory organization (It is a question of law & fact).
3. No cause of action
4. Court fees
As far as first objection is concerned , it is mandatory for the court to frame preliminary issue & we also have no problem as we are confident that suit is in limitation. (foreshore CHS - supreme court April 2015 9a is mandatory)
As far as second objection is concerned, we are of the view that concerned statutory notice is not applicable in this suit because of fact & whether notice applicable or not can be decided after going into merits & hence we are opposing on this.
As far as third & fourth also we do not have any problem as there is a cause of action & court can itself decide about from reading of plaint & even if court fees found to be deficit, we are ready to pay.
Therefore we are thinking of opposing only on second point in order to allow court to decide as early as possible.
1. Is it right or we should oppose on all the point because they are defendant.
2. Is it possible that court will not frame preliminary issue on notice even if it goes in the root of jurisdiction because of mix question of law & fact ?
Thank you.
Plaintiff in person
Rajendra K Goyal
(Expert) 10 January 2016
Full case file need to be referred, consult local lawyer.
rajesh karnik
(Querist) 10 January 2016
To Respected sir,
this is not a academic query.
Devajyoti Barman
(Expert) 10 January 2016
The limitation is always a mixed question of law and fact and hence I do not find any merit in the petition for framing preliminary issue.
If the point of limitation is apparent on the face of plaint then file petition for rejection of plaint.
rajesh karnik
(Querist) 10 January 2016
Thank you Devajyoti barman sir,
I understood my mistake. Here the question involved is application of section 14 of the limitation act & court has already given benefit of section 14 while registering the suit because registrar had taken objection of limitation before registering the suit & we have already satisfied court on the point of limitation & then court ordered to register the suit.
Hence This question of limitation is mixed question of law & fact. will oppose accordingly.
Thank you again for your valuable reply & time.
Adv. Yogen Kakade
(Expert) 11 January 2016
Please mention the facts in more details or consult a local lawyer.. he will guide you better after studying the related documents.
