KULDEEP Vs. MAHENDRA SINGH

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, is directed against the order dtd. 1/2/2023, in Civil Revision No. 82 of 2015, passed by the court of the II Additional District Judge, Roorkee, District Haridwar, allowing the said revision and setting aside the order dtd. 4/8/2015, passed by the trial court, dismissing the application under Sec. 17 of the Limitation Act, filed by the respondents / plaintiffs.

(2.) The petitioner / plaintiff has instituted a civil suit which has not been numbered yet. The plaintiff moved an application under Sec. 17 of the Limitation Act to claim that the suit was filed within limitation upon application under Sec. 17 of the Limitation Act. The trial court dismissed the said application on 4/8/2015, against which the aforesaid revision was preferred. As aforesaid, the said revision has been allowed by the learned Additional District Judge.

(3.) The issue, whether the suit is barred by limitation, or not, is a mixed question of fact and law, which has to be determined upon the reading of the pleadings, and upon appreciation of evidence, that may be led by the parties on the issue of limitation, if framed.