Code of Civil Procedure, 1908 – Or. XIV, r. 2(2) – Whether the issue of limitation can be determined as a preliminary issue u/Or. XIV, r.2(2) – Held: Yes – The issue of limitation can be framed and determined as a preliminary issue u/Or. XIV, r. 2(2)(b), CPC in a case where it can be decided on admitted facts – In the present case, the findings of the Trial Court with respect to preliminary issue of limitation are based on the relevant dates revealed from the pleadings of the plaintiffs in the plaint itself – ‘Statements’ by a party to proceedings are admissions and facts admitted need not be proved – The manner of consideration by the Trial Court which ultimately resulted in dismissal of the suit reveals that it had determined the preliminary issue regarding the period of limitation with reference to the averments in the plaint and the dismissal of the suit was in accordance with the decision on the said preliminary issue – No perversity or illegality in the concurrent findings of the courts below warranting interference – Limitation Act,1963 – Article 136, 17, 65 – Evidence Act, 1872 – ss. 17, 18, 58. 

Constitution of India – Article 136 – Scope of, against concurrent findings – Held: Interference with the concurrent findings in an appeal u/Article 136 is to be made sparingly, that too when the judgment impugned is absolutely perverse – On appreciation of evidence, possibility of another view also cannot be a reason for substitution of a plausible view taken and confirmed.

Deeds and documents – Relinquishment deed – Held: Consideration of validity of a relinquishment deed and consideration of the period of limitation with reference to the same are different and distinct.

Practice and Procedure – Non-mentioning of provision in the order – Held: Misquoting or non-quoting of a provision by itself will not make an order bad so long as the relevant enabling provision is in existence and it was correctly applied though without specifically mentioning it. 

Words & Phrases – “admitted facts”, “admission” – Discussed – Evidence Act, 1872 – ss. 17, 18, 58.