If preliminary issue (of claim being time barred) is decided on the basis of demurrer, the finding would remain a preliminary finding and cannot be foreclosed in trial; objection as to limitation is fundamental and substantive (Bombay High Court)

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Bhavik Bhimjiyani v. Urban Infrastructure Real Estate Fund and Others, 2019 SCC OnLine Bom 5104 Bombay High Court, single-judge bench, Ujjal Bhuyan J.; decided on 04 December 2019 A plea that the claimant’s claim was barred by limitation was raised decided on the basis of demurrer. The arbitrator informed the

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Categories: Demurrer |  Fundamental policy of Indian law |  Limitation |  Preliminary Issue |  Public Policy of India