Chhattisgarh High Court Upholds Trial Court’s Rejection of Preliminary Limitation Issue – “Evidence Must Be Evaluated to Determine If Suit is Time-Barred”

Court’s Decision:
The Chhattisgarh High Court dismissed the petition filed under Article 227 of the Constitution of India, affirming the trial court’s order. The court upheld the trial court’s decision that the issue of limitation was a mixed question of law and fact, which could only be determined after the parties present their evidence. Therefore, the petitioner’s request to have the limitation issue decided as a preliminary matter was rejected.

Facts:
The petitioner (defendant no. 1) sought to challenge an order dated September 3, 2024, passed by the 3rd Additional Judge in Raigarh, which dismissed an application filed under Order 14 Rule 4 read with Section 151 of the Code of Civil Procedure (CPC). The plaintiff, claiming to be the wife of Late Chidiyaram, filed a civil suit for a declaration of title and permanent injunction over the disputed land. The plaintiff also challenged the validity of a Will allegedly executed by Late Chidiyaram in favor of the petitioner. The petitioner argued that the plaintiff’s suit was barred by limitation, as the plaintiff was aware of the mutation order passed in favor of the petitioner in 2012. However, the plaintiff claimed ignorance of this mutation.

Issues:

• Whether the civil suit filed by the plaintiff was barred by limitation.
• Whether the issue of limitation should be decided as a preliminary issue or along with the merits of the case.

Petitioner’s Arguments:
The petitioner contended that the trial court erred in dismissing the application to decide the limitation issue as a preliminary issue. The petitioner submitted that the plaintiff’s suit was clearly barred by limitation, as the mutation order in his favor had been passed in 2012, and the suit was filed in 2023. The petitioner further argued that the plaintiff had knowledge of the mutation and had delayed filing the suit without valid reasons.

Respondent’s Arguments:
The respondent, representing the State, countered that the trial court’s order was proper and did not require interference. The respondent asserted that the issue of limitation involved both facts and law, and therefore, it could only be resolved after evidence was presented by both parties.

Analysis of the Law:
The court highlighted the well-established principle that issues of limitation, when involving a combination of law and factual determinations, cannot be summarily decided without a full trial. The legal framework under Order 14 Rule 4 and Section 151 of CPC permits the court to decide such issues only after evidence is examined.

Precedent Analysis:
The court adhered to the principle from previous rulings that limitation issues, if based on mixed questions of law and fact, should be decided after both parties have had an opportunity to present evidence. This precedent guided the court’s refusal to allow the limitation issue to be treated as a preliminary matter.

Court’s Reasoning:
The court reasoned that the trial court’s order was sound and that the issue of limitation was not purely a legal issue that could be disposed of without considering the factual context. The court observed that the trial court rightly concluded that evidence needed to be evaluated to determine whether the suit was indeed time-barred.

Conclusion:
The Chhattisgarh High Court upheld the trial court’s dismissal of the petitioner’s application to treat the limitation issue as a preliminary issue. The court found no illegality or perversity in the trial court’s approach, concluding that the matter required a full trial.

Implications:
The decision reinforces the legal position that limitation issues, when intertwined with factual disputes, cannot be summarily resolved. This ruling emphasizes that courts must allow for the presentation of evidence in such cases, ensuring a fair trial process.

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