[O 14 R 2 CPC] Trial Court Can't Decide Question Of Limitation As Preliminary Issue If It Involves Mixed Question Of Facts & Law: Sikkim HC

The Sikkim High Court ruled on the application of Order 16 Rule 2 CPC regarding the limitation period for preliminary issues, overturning the trial court's decision. The Court held that the statutory period for deciding preliminary issues is distinct from the general limitation period under the CPC. It emphasized that the purpose of Order 16 Rule 2 is to expedite trials and not to fix a rigid limitation period. This ruling clarifies the procedural application of preliminary issues in civil trials, impacting case management and trial efficiency.