This petition under Article 227 of the Constitution of India is directed against the Judgment and order of the Board of Nominee bringing the petitioners as heirs of deceased defendant No.6 on the record of Lavadi Suit No.1226 of 1992, confirmed by the Gujarat State Co-Operative Tribunal in Revision Application No. 70 of 1995 on 9th February 1996.
On going through the Judgment of the Tribunal it clearly appears that the question of limitation has not been decided and that has still remained open. In any case it would be open to the petitioners being the heirs of deceased defendant No.6 to raise the question of limitation before the learned Board of Nominee. It will also be open to the petitioner to raise all other disputes such as discharge of deceased defendant No.6 as surety on any of the available statutory grounds. It will finally be open to the petitioners to apply before the learned Board of Nominee to hear the issue of limitation as the preliminary issue. As and when such issue is raised or such an application is made, the same shall be dealt with and decided in accordance with law after hearing the other side.
With this observation this petition is rejected. No order as to costs.
Date : September 25, 1996 (M. S. Parikh, J.)