(Judgment of the Court was delivered by M.M.SUNDRESH,J.,) This appeal has been preferred by the appellant being the applicant/first defendant against the order passed by the learned Single Judge in dismissing the application filed under Order 7 Rule 11(d) of C.P.C.
2. The application has been filed on the ground of limitation contending that there was an earlier suit filed. The learned Single Judge dismissed the application on the ground that limitation is a mixed question of law and fact.
3. Learned counsel appearing for the appellant submits that the question of limitation would come under the purview of Order 7 Rule 11(d) of C.P.C. and therefore, the order of the learned Single Judge will have to be interfered with.
4. Learned counsel appearing for the first respondent submits that the trial has begun by filing the proof affidavit. Hence, no interference is called for. As rightly held by the learned Single Judge, the question of limitation is a mixed question of law and fact. Therefore, we are not inclined to interfere with the appeal at this stage, particularly, when the trial has begun. Accordingly, this Original Side Appeal is dismissed. No costs.