Review and there is two apex court`s citation,which is applicable first
hiteshjdpandya
(Querist) 16 December 2011
This query is : Resolved
i have filed review petition for mistake of civil judge that he has not taking into consideration of supreme court`s citation in which held that no suit is dismiss or reject on preliminary issue of limitation because the issue of limitation is not only question of facts but law also and without taking evidence no suit can be reject.the civil court has reject my plaint,and said that there is Gujarat high court`s citation which is unreported held that suit can be reject on the ground of limitation,at preliminary stage.but he has not mentioned the supreme court citation in order,so i have filed review petition , AIR 2006 SUPREME COURT 1556 held that no suit can be reject on the ground of preliminary issue stage so there is two apex court`s citation,one high court `s and another two are of supreme court which is applicable first.and how to do my argue on this point please guide me.
AMAR RANU
(Expert) 18 December 2011
SC citation will prevail.