LAWS(KAR)-2015-9-140

DATTRATRYA AND ORS. Vs. GIRIMAL AND ORS.

Decided On September 21, 2015
Dattratrya And Ors. Appellant
V/S
Girimal And Ors. Respondents

JUDGEMENT

(1.) BY way of this petition the defendants in OS No. 111/2013 has called in question the order dated 18.08.2014 passed by the Senior Civil Judge, Chikodi at Chikodi on IA No. 5 wherein the trial Court has dismissed IA No. 5 filed under Order -VII Rule 11(d) read with Section 151 of CPC.

(2.) I have heard the learned counsel for the petitioners and as well as of the respondents and carefully perused the orders passed by the trial Court.

(3.) THE trial Court has held that the plaint cannot be rejected at the threshold and rejected the said application on the ground that the limitation point is mixed question of law and fact and also as well as the cause of action to the suit.