VASUDEV DARJI Vs. SOHAN LAL SHARMA

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dt. 03.08.2013 passed by learned Additional District Judge, Churu (hereinafter referred to as the learned trial Court) in Civil Original Suit No. 87/2011 (66/2011), whereby the learned trial Court has decided the Issue No. 7 and has held that the document, agreement to sale produced by the plaintiff is admissible in evidence in suit for specific performance. The petitioner has also challenged the order dt. 11.07.2013 passed by the learned trial Court, whereby the learned trial Court has rejected the objections raised by the petitioner for deciding the Issue Nos. 4 and 7 as preliminary issues on the ground that earlier, on an application preferred by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure the learned trial Court has held that the Issue No. 4 regarding limitation is a mixed question of fact and law and therefore, cannot be decided as preliminary issue. The learned counsel for the petitioner has argued that though the document agreement to sale produced by the plaintiff was not registered, the learned trial Court has grossly erred in holding that the same is admissible in evidence. The learned counsel for the petitioner has also argued that the Issue No. 4 regarding limitation is the legal issue and therefore, it should have been decided as preliminary issue, but the learned trial Court has illegally rejected the same vide order dt. 11.07.2013.

(2.) HEARD the learned counsel for the petitioner and perused the impugned orders.

(3.) IN view of proviso to Section 49 of Act of 1908 the challenge of the petitioner to the impugned order dt. 03.08.2013 is without any basis and, therefore, the same is rejected.