Writ Petition No. 3387 of 2012 · Bombay High Court
Case at a glance
Outcome
Dismissed
The Writ petition is dismissed
Provisions considered
- Code of Civil Procedure, 1908 r. 2
- Constitution of India art. 227
Key paragraphs
- Para 77. The Writ petition is dismissed. No costs. (S.V.GANGAPURWALA,J.) Dt.30.04.2012. asp/office/wp3387.12 W.P.No.3387/12 3
Judgment
Mr.A.K.Gawali, advocate for the petitioenrs. Mrs.R.K.Ladda, Asstt. Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA,J. Date : 30.04.2012. PER COURT :
Heard. The State has filed a suit. In the said suit, the petitioners filed an application for deciding issue Nos.1 and 2 as preliminary issues. The said application is rejected. Aggrieved thereby, the present petition is filed.
Mr.Gawali, learned counsel for the petitioners submits that in fact, the issue that the suit is premature, does not require any evidence to be led. Even issue of limitation can be decided as a preliminary issue as ex-facie the suit is barred by limitation. The learned counsel submits that the said issues shall have to be decided as preliminary issues in view of the scheme engrafted U/o 14 Rule 2 of the C.P.C. The only contract conditions are required to be 2 W.P.No.3387/12 considered while considering the issue about the maintainability of the suit.
The Court while rejecting the application has observed that the point of limitation, cause of action are the issues which involve question of law and facts. It is not disputed that the issues have already been framed by the Court. It view of that, it would be in fitness of things to decide all the issues together.
The discretion exercised by the trial Court is in a plausible manner.
In view of the above, no case for interference in Writ jurisdiction of this Court under Article 227 of the Constitution of India.
Operative part
The Writ petition is dismissed. No costs. (S.V.GANGAPURWALA,J.) Dt.30.04.2012. asp/office/wp3387.12 W.P.No.3387/12 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Writ petition is dismissed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — r. 2; Constitution of India — art. 227.
Which court decided this case, and when?
Bombay High Court, on 30 Apr 2012. The bench was S V GANGAPURWALA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.