PURANDA BEHERA Vs. NARAYAN SHANKAR BEHERA

JUDGEMENT

(1.) DISMISSAL of a suit on the ground that it is barred by law of limitation, has brought the plaintiff before this Court.

(2.) THE genesis of the order was a petition filed by the defendant purported to be one under Order 14, Rule 2 of the Code of Civil Procedure, 1908 (in short the 'Code') to determine the issue relating to limitation as a preliminary issue, and to dismiss the same on the ground of limitation. Though another prayer relating to jurisdiction of the Court was raised, the same was abandoned. The learned Subordinate Judge, Sundargar was of the view that question relating to limitation was a question of law and could be decided as a preliminary issue. He referred to certain statements alleged to have been made by the plaintiff and held that on the facts it was established that the suit which was one for specific performance of a contract was barred by limtation The sole question to be decided it this, revision application, is whether the issue relating. to limitation could be taken up for hearing, as preliminary issue. Order 14, Rule 2(1) of the Code,, as it stands - now after amendment by Act 104 of 1976 reads a follows :