ROHITASHV Vs. SHRIKISHAN & ORS.

JUDGEMENT

(1.) With the consent of the parties, the revision petition is decided finally at the admission stage.

(2.) The present revision petition has been filed by the petitioner-defendant challenging the order dated 24.05.2006 passed by the Civil Judge (J.D.) Thanagazi, Alwar (hereinafter referred to as "the trial court"), in Civil Suit No.30/96, whereby the trial court has decided the issue No.4 with regard to the limitation in favour of the respondent No.1-plaintiff.

(3.) In the instant case, it appears that the respondent No.1-plaintiff has filed the suit against the petitioner as well as the respondent Nos.2 and 3 before the trial court seeking declaration and injunction with regard to the will dated 14.03.1992 allegedly executed by Narsi alias Narsingh. In the said suit, the trial court had framed five issues, and the issue No.4 was as to whether the suit of the plaintiff was within the period of limitation. The respondent No.1-plaintiff thereafter submitted an application under Sec. 14 of the Limitation Act stating therein interalia that he had filed the suit before the revenue court on 20.06.1992 seeking injunction against the petitioner for restraining him from dispossessing the plaintiff from the suit premises, and therefore there was delay in filing the suit. The said application was resisted by the petitioner by filing the reply. The trial court thereafter allowed the said application holding the issue No.4 in favour of the respondent No.1-plaintiff. Being aggrieved by the same, the present revision petition has been filed under Sec. 115 of CPC.