BABULAL Vs. KANHIYALAL

JUDGEMENT

(1.) THIS writ petition under Article 226 and 227 of the Constitution of India is directed against order dated 30.05.2014 passed by the trial court, whereby, the application filed by the respondents under Section 6 of the Limitation Act, 1964 ('the Limitation Act') read with Section 22C(2) of Legal Services Authority Act, 1987 ('the Act of 1987') has been ordered to be decided alongwith other issues and application filed by the petitioner under Order XIV, Rule 2 C.P.C. seeking decision of the issue relating to limitation as preliminary issue has been rejected.

(2.) FACTS in brief may be noticed thus: the respondent -plaintiff filed an application for recovery of a sum of Rs. 6,04,000/ - before the Permanent Lok Adalat, Nathdwara; the proceedings came to be terminated by the Permanent Lok Adalat on 20.03.2009 on noticing that the petitioner herein was not interested in disposal of the matter by the said forum; whereafter, the present suit was filed by the respondent -plaintiff for recovery of a sum of Rs. 10,48,000/ -; alongwith the suit, the plaintiff filed an application under Section 6 of the Limitation Act read with Section 22C(2) of the Act of 1987 seeking condonation of delay.

(3.) WHEREAFTER , an application under Order XIV, Rule 2 C.P.C. was filed on behalf of the petitioner, inter alia, indicating that before framing other issues, the application/aspect pertaining to condonation of delay needs to be decided first by the Court.