BHUWALKA TRADING AND TEA COMPANY Vs. TARABHUTORIA

JUDGEMENT

(1.) This revision has arisen out of the order dated 18.6.99, passed by the learned Civil Judge (Senior Division) No.2, Cachar, Silchar, in Money Suit No. 10 of 1996. Perused the materials on record including the impugned order.

(2.) I have heard Mr. N. Choudhury, learned counsel appearing on behalf of the petitioners, and Mr. OP Bhati, learned counsel for the opposite party.

(3.) The plaintiff-opposite parry instituted Money Suit No. 10 of 1996 aforementioned claiming, inter alia, recovery of the monetary dues and also compensation. The defendants, who are petitioners in the present revision, filed their written statement contending, inter alia, that the court had no territorial jurisdiction to try the suit and that the suit was barred by limitation. Both sides were heard by the learned trial Court on these two issues as preliminary issues. By the impugned order, the learned trial Court, while holding to the effect, inter alia, that the Court had the territorial jurisdiction to try the suit, concluded that so far as the issue of limitation is concerned, the same was a mixed question of facts and law and could not have, therefore, been decided as a preliminary issue. Aggrieved by the order, so passed on 18.6.99, the present revision has been filed by the defendants as indicated herein above.