Mukund Bhavan Trust vs Shrimant Chhatrapati Udayan Raje ...

The Supreme Court upheld the High Court's dismissal of the appellants' Civil Revision Application No.904 of 2014, affirming that the issue of limitation under Order VII Rule 11(d) of the Civil Procedure Code, 1908 is a mixed question of law and fact that requires evidence from both parties. The Court clarified that the trial Court is the appropriate forum to determine the applicability of limitation based on the evidence presented, thus rejecting the appellants' claim that the suit was barred by limitation. The outcome confirmed the trial Court's authority to adjudicate on the matter after evidentiary proceedings.