Supreme Court · 2022 INSC 1037 · Decided 29 September 2022
Sukhbiri Devi & Ors v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1037 · [2022] 13 S.C.R. 523
- Case number
- CIVIL APPEAL No. 10834/2010
- Decided
- 29 September 2022
- Bench
- AJAY RASTOGI, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 17, 18, 58; Constitution Article 136; Limitation Act Section 136, 17, 65
Headnote
Code of Civil Procedure, 1908 - Or.XIV, r.2(2) - Whether the issue of limitation can be determined as a preliminary issue u/Or. XIV, r.2(2) - Held: Yes - The issue of limitation can be framed and determined as a preliminary issue u/Or. XIV, r.2(2)(b), CPC in a case where it case, the findings of the Trial Court with respect to preliminary issue of limitation are based on the relevant dates revealed from the pleadings of the plaintiffs in the plaint itself - 'Statements' by a party to proceedings are admissions and facts admitted need not be
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