STATE OF RAJASTHAN Vs. RADHAMOHAN

JUDGEMENT

(1.) THE State of Rajasthan has filed this appeal against the judgment and decree dated 21. 9. 73 of Additional District Judge No. 2, Jodhpur in Civil Original Suit No. 9 of 1972.

(2.) THE plaintiff joined as Medical Officer in the Medical Department of the Erstwhile State of Jodhpur. On 7. 4. 49 Jodhpur State merged in the State of Rajasthan THE plaintiff continued to serve the Medical and Health Department upto 1 st March 1972.

(3.) THE only point argued and pressed by Mr. G. M. Bhandari on behalf of the State is that the suit was filed in 1972 and the limitation is three years. It was argued that the suit could not have been filed for more than 3 years. Mr. R. R. Chacha appearing for the plaintiff raised a preliminary objection on the ground of maintainability of this appeal. According to him in the trial court no plea of limitation was raised and no issue was framed. Consequently, the parties never led evidence. It was pointed out that the question of limitation is dependant upon mixed question of fact and law and, therefore, it should not be allowed to be taken now in the appeal without there being a foundation in the pleadings and issue on that point.