Rajiv Singh Kushwah vs Smt. Geeta and Others

Sheel Nagu, Judge

This petition under Article 227 of the Constitution of India assails the interlocutory order dated 10/08/2011 by which an application under Order XIV Rule 2 of CPC preferred by the defendant No. 5 praying before the trial court that issue framed pertaining to limitation should be decided first, has been rejected by assigning reason that for deciding the issue of limitation adducing of evidence is necessary as it involves mixed question of fact and law. From the reading of the impugned interlocutory order dated 10/08/2012 it does not appear that any jurisdictional error has been committed by the trial court.

It is well known that the question of limitation more often than seldom involves mixed question of law and fact which cannot be decided at pretrial stage when the trial court does not have the advantage of evidence.

More over the petitioner/ defendant No. 5 has failed to establish any prejudice flowing out of the impugned interlocutory order.

Perusal of the impugned order further indicates that the view taken by the trial court could have been taken in the given facts and circumstances of the case and therefore just because another view was possible, this Court cannot for that reason alone invoke it''s supervisory jurisdiction under Article 227 of the Constitution of India.

In view of the above this Court does not think it appropriate to invoke it''s limited supervisory jurisdiction under Article 227 of the Constitution of India in favour of the petitioner. Consequently, the writ petition deserves to be and is hereby dismissed without any order as to cost.