Section 14 of limitation act
krishna
(Querist) 08 August 2016
This query is : Resolved
Hon. Members,
After filling our fresh suit on the same cause, office of court took objection of limitation & matter was sent to judge for removing objection thereafter we satisfied the court & court gave the benefit of section 14 of limitation act & considered the suit within limitation prima facie.
Now after serving Writ of summons, Defendants took objection of limitation & requested to frame preliminary issue.
Defendants do not have any strong evidence to say that plaintiff is not eligible for the benefit of section 14.
In such situation, Can court or will court frame preliminary issue on limitation, when court has already considered suit within limitation prima facie?
malipeddi jaggarao
(Expert) 09 August 2016
Court already gave you the benefit of Section 14 of Limitation Act and considered the suit within limitation prima facie. The same grounds you can quote now for the objections raised by the defendants.
Devajyoti Barman
(Expert) 09 August 2016
If the opposite files petition for framing of preliminary issue the court is generally bound to frame such issue.
Its earlier stance on this issue ois of no consequence.
R.K Nanda
(Expert) 09 August 2016
Nothing to Add.
Advocate Bhartesh goyal
(Expert) 09 August 2016
Court has to decide the objection raised by defendant as preliminary issue.
Rajendra K Goyal
(Expert) 09 August 2016
Agree with the expert Devajyoti Barman.
krishna
(Querist) 10 August 2016
Hon. Members,
Thank You for your response.
If court framed preliminary issue then who will have the burden of proof? Is it plaintiff again or defendant? because plaintiff has already satisfied the court from his side.
