CASE BRIEFS

Whether the issue of limitation can be determined as a preliminary issue under Order XIV, Rule 2(2) of the Code of Civil Procedure (for short ‘CPC’)?

 Whether a larger period of limitation of 12 years would be available to the plaintiffs to bring in a suit by virtue of application of Article 136 of the Limitation Act, 1968 (for short ‘The Act’), as contended by the appellant and in the facts and circumstances obtained in this case?

 Whether Article 17 or Article 65 of the Act got any application, as contended by the appellants, in view of the plaint averments, in case Article 136 of the Act is found inapplicable?

Whether the High court order is viable wherein allowing the application under order 7 rule 11 (d) thereby rejecting the plaint on ground of limitation?

Whether the rejection of plaint on the ground of limitation is a triable issue or suit can be dismissed at threshold?

Whether the plaint can be rejected only against one defendant or it must be rejected as whole?

What is the correct application of the principle underlying the “rejection of plaint” under order 7 rule 11 of CPC?

Whether the plaint can be rejected in part?

Remedy under order 7 rule 11 is special and independent remedy and application under the said order should be adjudged at the threshold. The crucial objection under order 7 rule 11 is clause (a) that is no cause of action and clause (d) suit is barred by the law.

Whether an aggrieved person is entitled to any relief under article 32 against the final judgment of the apex court after dismissal of review petition?

whether an order passed by this Court can be corrected under its inherent powers after dismissal of the review petition on the ground that it was passed either without jurisdiction or in violation of the principles of natural justice or due to unfair procedure giving scope for bias which resulted in abuse of the process of the court or miscarriage of justice to an aggrieved person.

Whether the writ under article 226 of Constitution of India lie against the order of the civil court?

Whether the finding of the court in Surya devi Rai (supra) is correct?

Whether subject matter of the suit was within the scope of the arbitration agreement?

Whether appellant had filed first statement before filing of application under section 8 of the Act?

Whether application filed under section 8 should be dismissed as the same was filed 20 months after entering into suit?

Whether the subject matter of dispute is arbitrable?

ISSUES BEFORE APEX COURT
i.  Jurisdiction of court under section 34 of Arbitration & conciliation Act 1996?
ii. Whether court have the jurisdiction to set aside the award which is patently illegal as against the A & C Act, or any other substantive law, or against the terms of the contract?

Whether court can intervein the arbitral process under article 226 and 227 of the constitution of India to maintain the rule of “minimum judicial intervention?