PRAMILA KUMARI Vs. MOSOMAT FUDWA DEVI

JUDGEMENT

(1.) The petitioner, who is the defendant in Title Suit No.294 of 2013, is aggrieved of order dated 06.12.2017 by which her preliminary objection to the maintainability of the suit on the ground that the suit is barred by the law of limitation has been rejected.

(2.) Title Suit No.294 of 2013 has been instituted by the plaintiffs for a decree for declaration that the sale-deed dated 15.04.2005 is illegal and void, for fraud has been played upon them. A decree for perpetual injunction restraining the defendant from interfering with the plaintiffs' possession over the suit property has also been sought in the plaint. In the pending suit an application under Order XIV Rule 2 CPC raising a preliminary objection to the maintainability of the suit was filed. This application has been dismissed by the trial judge on the ground that the issue of limitation being a mixed question of law and fact can be decided on the basis of the evidence led by the parties and not before that.

(3.) Mr. Ajit Kumar, the learned counsel for the petitioner submits that on admitted facts the plaintiffs have instituted the suit on 10.06.2013 for a declaration on sale-deed dated 15.04.2005 and while so, the suit is barred by limitation under Article 59 of the Limitation Act, 196