#mixed question of law and fact

The Allahabad High Court ruled that when a plaintiff alleges late discovery of a key document affecting limitation, the issue cannot be resolved at the threshold under Order VII Rule 11 CPC without evidence. This protects plaintiffs from premature dismissal where factual disputes over knowledge or concealment require trial, reinforcing procedural fairness in property disputes.

MP High Court rules that when a court grants liberty to arbitrate while excluding the limitation period, objections on limitation must be decided by the arbitrator, not the court. This reinforces the kompetenz-kompetenz principle, shifting the burden of limitation disputes to arbitration proceedings where prior litigation excluded the relevant period.

Madras High Court clarifies that limitation under Order VII Rule 11 CPC cannot be decided at threshold if it depends on factual disputes requiring evidence.