The bench of Justice Ajay Rastogi and CT Ravikumar of the Supreme Court has held that the "Issue of limitation" can be framed as a preliminary issue under O-14 R- 2(2)(b) of the Code of Civil Procedure.

The Court held "Though, limitation is a mixed question of law and facts it will shed the said character and would get confined to one of question of law when the foundational fact(s), determining the starting point of limitation is vividly and specifically made in the plaint averments. In such a circumstance, if the Court concerned is of the opinion that limitation could be framed as a preliminary point and it warrants postponement of settlement of other issues till determination of that issue, it may frame the same as a preliminary issue and may deal with the suit only in accordance with the decision on that issue. It cannot be said that such an approach is impermissible in law and in fact, it is perfectly permissible under Order XIV, Rule 2(2)(b), CPC and legal in such circumstances."

Before coming to the issue of limitation, the bench noted that At the outset, it is to be noted that the challenge in this appeal is against concurrent findings by three Courts, as mentioned hereinbefore. The scope of an appeal by special leave under Article 136 of the Constitution of India against the concurrent findings is well settled. In State of Rajasthan vs. Shiv Dayal1 reiterating the settled position, this Court held that a concurrent finding of fact is binding, unless it is infected with perversity.

The Supreme Court held "Thus, evidently, the settled position is that interference with the concurrent findings in an appeal under Article 136 of the Constitution is to be made sparingly, that too when the judgment impugned is absolutely perverse. On appreciation of evidence another view is possible also cannot be a reason for substitution of a plausible view taken and confirmed. We will now, bearing in mind the settled position, proceed to consider as to whether the said appellate power invites invocation in the case on hand."

Case Details:-

CIVIL APPEAL NO.10834 OF 2010

SUKHBIRI DEVI & ORS. ……APPELLANTS
VERSUS
UNION OF INDIA & ORS. ……RESPONDENTS

Read the complete judgment:-

https://main.sci.gov.in/supremecourt/2009/36608/36608_2009_8_1502_38771_Judgement_29-Sep-2022.pdf