RAM RAGHUBIR SINGHAL vs USHA SAINI & ANR.

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th April, 2025 + CM(M) 634/2025 & CM APPL. 20189/2025 RAM RAGHUBIR SINGHAL .....Petitioner Through: Mr. Manu Sishodia, Advocate. versus USHA SAINI & ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit seeking eviction, damages, mesne profit and injunction. 2. Issues were framed by the learned Trial Court on 07.12.2023. It also included following two issues:- “(i) Whether the present suit is barred by the provisions of Order II R 2 of CPC or Section 11 of CPC? (OPD) (ii) Whether the present suit is barred by limitation? (OPD)” 3. An application was moved by the defendant/petitoner before the learned Trial Court with request to treat the abovesaid issues as ‘preliminary issues’ and such request has been declined by the learned Trial Court. 4. Such order is under challenge. 5. This Court has seen the reasonings given by the learned Trial Court. It noted that, generally, such kind of issues, including issue of limitation, is a mixed question of fact and law, which can be decided only after evidence is adduced by the parties. Even with respect to the question of bar in context of Order II Rule 2 CPC, the learned Trial Court observed that it could also be evaluated after the comparison of the previous pleadings and, therefore, declined the request made by the defendant/petitioner. 6. Admittedly, there is no straight jacket formula to assess as to which Signature Not Verified Digitally Signed CM(M) 634/2025 1 By:SONIA THAPLIYAL Signing Date:01.05.2025 12:25:35 issue can be taken as a preliminary issue. 7. At times, because of the intricacy of the facts and the complexity of the matter, these cannot be adjudicated, appropriately, w