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Judgment
Bhaskar Raj Pradhan, J
After hearing the learned counsel for the appellant the following two substantial questions of laws are framed:-
(i) Whether the First Appellate Court, while passing the impugned judgment, failed to properly consider the law under Order XIV Rule 2(2)(b) of the Code of Civil Procedure, 1908 which allows the Court to decide the issue of limitation as a preliminary issue based on admitted facts?
(ii) Whether the First Appellate Court failed to consider that when the foundational facts determining the starting point of limitation are clearly stated in the plaint, the issue of limitation becomes a pure question of law that can be decided as a preliminary issue?
Call for the scanned copy of the records. On receipt of the records, the Registry shall prepare the paper books. The learned counsel for the appellant submits that the learned Trial Court is in the process of recording evidence on 18.03.2026. Let the evidence be recorded. However, the judgment shall not be pronounced until the final disposal of this case.
List on 15.04.2026.