Limitation Act, Section 3   – Second Appeal – Substantial question of law – Plea of limitation could have been taken in the Second Appeal before the High Court only if the issue was raised was a pure question of law 

limitation Act, Section 3   – second appeal – Substantial question of law – Plea of limitation could have been taken in the Second Appeal before the High Court only if the issue was raised was a pure question of law  – No plea was taken up by the respondent in the written submissions filed by him to the suit , no issue on limitation came to be casted –  Obviously, in the absence of any such issue framed, the parties did not lead any evidence –  No doubt, even in the absence of any specific issue of limitation, by virtue of Section 3 of the limitation act, power is cast on the Court to see whether the suit is within limitation or time barred – However, such a plea could have been taken by the respondent in the Second Appeal before the High Court only if the issue of limitation was raised as a pure question of law –  In the instant case, we find it to be a mixed question of law and fact and, therefore, it could not have been entertained by the High Court for the first time in the second appeal filed by the respondent.

2018 PLRonline 1202