SIDH NATH Vs. DISTRICT JUDGE MIRZAPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, challenging the order dated 9-1-2002 passed by respondent No.2 (Annexure 3 to the writ petition) and the order dated 26-2-2002 passed by respondent No.1 (Annexure 4 to the writ petition).

(2.) It appears that the plaintiff respondent No.3 filed a suit being Suit No.l 124 of 1988 against the defendants-petitioners, inter alia, for a decree for specific performance of the agreement dated 10-2-1976. A written statement dated 10/04/1996 was filed on behalf of the defendants petitioners wherein, inter alia, an objection was raised that the suit was barred by limitation.

(3.) It further appears that Issue No. 3 has been framed on the question of limitation. The defendants-petitioners filed an application No. 126 GA praying that Issue No. 3 be decided as preliminary issue. The trial Court (Respondent No.2) by its order dated 9-1-2002 rejected the said application No. 126-Ga filed by the defendants-petitioners.