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.
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