RAJIV SINGH KUSHWAH Vs. SMT. GEETA AND OTHERS

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails the interlocutory order dated 10/08/2011 by which an application under Order XIV Rule 2 of CPC preferred by the defendant No. 5 praying before the trial court that issue framed pertaining to limitation should be decided first, has been rejected by assigning reason that for deciding the issue of limitation adducing of evidence is necessary as it involves mixed question of fact and law. From the reading of the impugned interlocutory order dated 10/08/2012 it does not appear that any jurisdictional error has been committed by the trial court.

(2.) It is well known that the question of limitation more often than seldom involves mixed question of law and fact which cannot be decided at pretrial stage when the trial court does not have the advantage of evidence.

(3.) MORE over the petitioner/ defendant No. 5 has failed to establish any prejudice flowing out of the impugned interlocutory order.