SUDESH Vs. ABDUL AJIZ S O UMARBHAI OPAI

JUDGEMENT

(1.) RULE. By consent, Rule made returnable forthwith. Heard both the sides.

(2.) THIS revision application takes exception to the order passed by the 4th Joint Civil Judge, Senior Division, Nagpur, below Exhibit 34 in Special Civil Suit No. 170 of 1999.

(3.) BRIEFLY stated, the respondent No. 1 has filed suit for specific performance of contract dated 7th November, 1994. When the applicant was served with the notice of the said suit, he appeared before the Court and on the second date, moved an application being Exhibit 34, praying that the preliminary issue be framed with regard to the question that the suit is barred by limitation. By the impugned order, the trial Court rejected the said application by concluding that issue of limitation raised by the applicant is a mixed question of law and fact and cannot be decided at this stage.