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Judgment
J.V. Gupta, J.—This petition is directed against the order of the trial Court dated 22nd July, 1988 whereby the issue of limitation which was treated to be preliminary was decided in favour of the Plaintiff and against the Defendant.
Learned Counsel for the Petitioners submitted that for deciding this petition, record of the trial Court would be necessary as reference is to be made to the documents referred to in the impugned order.
After going through the impugned order, I am of the view that the issue of limitation decided by the trial Court is mixed question of fact and law and that being so the Petitioner will be well advised to challenge the impugned order in an appeal against the decree, if any, as the scope u/s 115 of the CPC is limited and the finding of fact arrived at cannot be challenged With these observations this revision petition is disposed of with no order as to costs.
Since further proceedings were stayed by this Court at the time of motion hearing, parties are directed to appear before the trial Court on 12th June, 1989. In order to expedite the hearing of the suit which has already been delayed, it is directed that the parties will lead evidence at their own responsibility for which one opportunity be given to each party. However, dasti summons may be given if so desired as contemplated under Order 16 Rule 7-A of the Code of Civil Procedure.