Promila Bhagat vs Vijay Kumar Gupta (Deceased) Thr Lrs
Judges (1)
Counsel (4)
Case Significance
Promila Bhagat vs Vijay Kumar Gupta (Deceased) Thr Lrs is a Delhi High Court decision dated December 11, 2024 (citation: ik-191372305). The appellant challenged a trial court judgment dismissing her suit on the ground of limitation under Section 34 of the Specific Relief Act. The court held that the issue of limitation, being a mixed question of fact and law, should not have been treated as a preliminary issue given the disputed factual matrix, and the trial court erred in dismissing the suit without examining the merits. The appeal was allowed, the impugned judgment set aside, and the matter remanded for de-novo consideratio The case was heard by Justice Purushaindra Kumar Kaurav. Counsel appearing: Inderbir Singh Alag (counsel for appellant), Kapil Kaushik (counsel for respondent), Manoj Kumar (counsel for respondent), R. S. Bisht (counsel for appellant).
Summary
The appellant challenged a trial court judgment dismissing her suit on the ground of limitation under Section 34 of the Specific Relief Act. The court held that the issue of limitation, being a mixed question of fact and law, should not have been treated as a preliminary issue given the disputed factual matrix, and the trial court erred in dismissing the suit without examining the merits. The appeal was allowed, the impugned judgment set aside, and the matter remanded for de-novo consideration with directions to decide within 12 months.
What was the outcome of Promila Bhagat vs Vijay Kumar Gupta (Deceased) Thr Lrs?
The appellant challenged a trial court judgment dismissing her suit on the ground of limitation under Section 34 of the Specific Relief Act. The court held that the issue of limitation, being a mixed ...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-191372305)