It is often said that the question of limitation is a mixed question of fact and law. Therefore the court below has not erred in relegating that issue to be considered along with other issues in the suit. The plaintiff has already been examined and the evidence in the case has been closed. I permit the petitioner/defendant to file an application for re- opening the evidence in the suit. Any such application filed shall be entertained and opportunity afforded to adduce evidence. Sufficient opportunity shall be granted to cross examine the respondent/plaintiff and to adduce evidence on behalf of the petitioner/defendant. I do not however find any error of jurisdiction in the order impugned warranting interference. The Original Petition is dismissed subject to the above clarification.
nj.
Sd/- V.CHITAMBARESH, Judge.