https://www.taxtmi.com/caselaws?id=290573 Limitation could not be tried as a preliminary issue because its applicability depended on disputed facts, including whether the property was trust property protected by Section 10 of the Limitation Act, 1963 and whether the settlement deeds involved a transfer by the trustee for valuable consideration. Under Order 14 Rule 2 CPC, a preliminary issue is permissible only where the suit can be disposed of on a pure question of law, not on a mixed question of law and fact. The court therefore held that the limitation defence could not be decided without evidence, the suit could not be dismissed at that stage, and the matter had to proceed to trial on merits. en-us Thu, 03 Jul 2014 00:00:00 +0530 Tue, 06 Oct 2020 10:46:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290573 Limitation could not be tried as a preliminary issue because its applicability depended on disputed facts, including whether the property was trust property protected by Section 10 of the Limitation Act, 1963 and whether the settlement deeds involved a transfer by the trustee for valuable consideration. Under Order 14 Rule 2 CPC, a preliminary issue is permissible only where the suit can be disposed of on a pure question of law, not on a mixed question of law and fact. The court therefore held that the limitation defence could not be decided without evidence, the suit could not be dismissed at that stage, and the matter had to proceed to trial on merits. Case-Laws Indian Laws Thu, 03 Jul 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290573