KOMAL SINGH Vs. HAMEER SINGH

JUDGEMENT

(1.) Heard. In this petition under Art. 227 of the Constitution of India, the petitioner inter alia has challenged the validity of the order dated 15.10.2014 by which the application preferred by the petitioner under Order 14, Rule 2 Civil Procedure Code has been rejected.

(2.) The learned counsel for the petitioner contends that a suit for recovery of money has been filed by the Respondent/Plaintiff on 04.01.2011 on the basis of cheque issued on 05.05.2016, therefore, the suit is barred by limitation. He further contends that the trial Court has framed as many as five issues and Issue No.5 is with regard to the limitation. The petitioner had moved an application under Order 14, Rule 2 Civil Procedure Code on the ground that Issue No.5 may be decided as a preliminary Issue. In view of the admitted facts in respect of question of Limitation it was not necessary for the trial Court to defer the decision on the Preliminary Issue No.5. The issue of Limitation can be decided only on the pleadings of the parties. The suit itself is barred by limitation since the same has been filed after three years, the Trial Court ought to have dismissed the same. The trial Court erred in deferring the matter for recording evidence. It is urged that the impugned order so far as it defers the decision on issue No.5 for recording evidence be set aside and the matter be remitted to the trial Court to decide the Issue No.5 with regard to Limitation first.

(3.) The trial Court while deciding the application came to the conclusion that the Respondent/Plaintiff has disputed the date of cause of action, the matter involves a mixed question of fact and law and the same cannot be decided as a preliminary issue without recording evidence.