R. Nagaraj (D) vs Rajmani 2025 INSC 478 - CPC - Framing of Issues - Limitation
Code of Civil Procedure 1908 - Framing of Issues - There could be several points directly or indirectly connected with the main issue that has been framed. In such cases, when the larger issue that has been framed is wide enough to cover different points of disputes within it, there is no necessity to frame a specific issue on that aspect. Further, when the parties go to trial with the knowledge that a particular point is at lis, had full opportunity to let in evidence, they cannot later turn back to say that a specific issue was not framed. All that is required under law, is for the Court to render a finding on the particular fact or law in dispute, on the facts of the case - Such evidence, in the absence of pleadings, cannot permit either of the parties to make out a new case- The Courts are vested with powers to go into the question of law, touching upon either the limitation or the jurisdiction, even if no plea is raised and not in cases, where facts have to be pleaded and evidence has to be let in. (Para 21)
Limitation - Limitation, as we generally know is a mixed question of fact and law. However, there is no hard and fast rule that every question of limitation is to be treated as a mixed question of fact and law. In cases, where the action is initiated after several years after the right to sue accrued, without any pleadings to explain the reasons for delay or as to when the fraud was discovered, the question of limitation is to be treated as a question of law- In cases, where the pleadings are silent, then it becomes the duty of the Court to ascertain from the evidence and the overall facts of the case, as pleaded by either party, and to render a finding on limitation where the question of limitation is to be treated as a question of law, since the Court cannot entertain frivolous or stale claims. (Para 20)
Code of Civil Procedure 1908 - Section 100 -High Court possesses the authority to entertain second appeals strictly on substantial questions of law. Upon admitting such an appeal, the High Court is empowered to frame substantial questions and adjudicate them directly, without the necessity of remanding the matter to the trial court. This approach ensures judicial efficiency and prevents unnecessary prolongation of litigation. (Para 12.1)
Practice and Procedure - A question of law can be raised at any stage. (Para 20)
Code of Civil Procedure 1908- Limitation Act 1961 - Civil Procedure Code and the law of limitation, being procedural laws, meant to assist the Courts in the process of rendering justice, cannot curtail the power of the Courts to render justice. Procedural laws after all are handmaid of justice. What is to be seen is whether any irregularity arising from a failure to follow procedure has caused serious prejudice to the parties. It is not to be forgotten that the process of adjudication is to discern the truth. (Para 20)
