Order XLI Rule 25 — Framing of additional issues in appeal — Scope (Paras 3, 13) The appellate Court is not bound to frame additional issues where the issues sought are already covered by existing issues or have been effectively considered by the trial Court. Framing of additional issues is discretionary and not warranted merely because a party raises a contention at the appellate stage. LIMITATION — Section 3 Limitation Act — Duty of Court (Paras 10, 12) Under Section 3 of the Limitation Act, the Court has a mandatory duty to consider limitation suo motu, even in the absence of a specific plea. Failure to frame a specific issue on limitation does not preclude the Court from deciding the question.

advocatemmmohan

CIVIL PROCEDURE CODE, 1908 — Order XLI Rule 25 — Framing of additional issues in appeal — Scope (Paras 3, 13)

The appellate Court is not bound to frame additional issues where the issues sought are already covered by existing issues or have been effectively considered by the trial Court. Framing of additional issues is discretionary and not warranted merely because a party raises a contention at the appellate stage.

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LIMITATION — Section 3 Limitation Act — Duty of Court (Paras 10, 12)

Under Section 3 of the Limitation Act, the Court has a mandatory duty to consider limitation suo motu, even in the absence of a specific plea. Failure to frame a specific issue on limitation does not preclude the Court from deciding the question.

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LIMITATION — Nature — Mixed question of fact and law (Paras 8, 11)

Limitation is generally a mixed question of fact and law and cannot be decided as a preliminary issue unless it is apparent on the face of the plaint. Such issues require consideration based on evidence during trial.

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FRAMING OF ISSUES — Necessity — Test (Paras 11, 13)

Where the trial Court has already considered the substance of a plea, absence of a formally framed issue does not vitiate the judgment. Additional issues need not be framed if they are redundant or already subsumed within existing issues.

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APPELLATE COURT — Duty — Reappreciation of issues (Paras 12, 13)

The appellate Court is obliged to independently consider questions such as limitation while deciding the appeal, irrespective of whether a separate issue was framed by the trial Court.

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REVISION — Article 227 — Interference — Limited scope (Para 13)

Where the appellate Court has exercised discretion properly and no jurisdictional error or illegality is shown, the High Court will not interfere under Article 227.

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FINAL RESULT (Para 14)

Civil Revision Petition dismissed — No infirmity in refusal to frame additional issues — No costs.