LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vipinfo   11 November 2019

Remitting case which is barred by limitation on facts legal?

We were defendant in a civil suit for declaration of title of immovable property. Trial court gave decision in our favor and one of the findings of trial court was that the suit filed by plaintiff therein was barred by limitation both on facts and law.

Thereafter plaintiff reached first appellate court (Court of District Judge) against the decree of trial court upon which appellate court allowed his appeal and remitted the case back to trial court for taking additional evidence. Surprisingly, first appellate court has not reversed the finding of limitation of trial court in its order.

The reason of delay mentioned by plaintiff in original suit is that he was insane for the questioned span of time. He did not produce any evidence in support of his contentions of being insane and in contrary we (defendant) produced documentary evidence which proves that he was facing some defamation suit in that period of time wherein he registered his presence as well in the court. Thus trial court agreed to our evidence and recorded the finding of limitation in its judgement.

Now my question is even if limitation is cosidered to be a question of both facts and law, How can the case be remitted back to trial court without reversing the finding of limitation? Can we say appellate court fell in error by remitting the case which is clearly barred by limitation both on facts and law?

Please guide me to any citation you are in knoeldge of!



Learning

 3 Replies

Mathi Alagan   12 November 2019

I endorse the above querry and expect reply from the Respectable Sr counsels"

vipinfo   12 November 2019

Bumping it to expect some answers and citations from learned lawyers here.

vipinfo   14 November 2019

It is disheartening that no one here has taken cognizance of this post. Our case may go to supreme court and may become a landmark judgement. But only if experts here could encourage us to carry on the fight till the last resort instead of accepting remand order.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register