1. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicants herein - original defendants challenging the impugned judgement and order dated 31/01/2012 passed by learned Principal Senior Civil Judge, Anjar-Kutch below Exh.10 in Regular Civil Suit No.109 of 2011, by which, learned Trial Court has refused to reject the plaint under Order 7 Rule 11(D) of the Code of Civil Procedure, which was sought to be rejected on the ground that the suit is barred by limitation.
2. Having heard Mr.Nirav Thakkar, learned advocate appearing on behalf of the applicants and considering the impugned order passed by learned Trial Court as well as averments made in the plaint with respect to cause of action as well as limitation, learned Trial Court has rightly refused to reject the plaint under Order 7 Rule 11(D) of the Code of Civil Procedure on the ground that question of limitation in the present case is mixed question of law and facts and unless evidence is led on the said issue, it cannot be said that the suit is barred by law of limitation on the face of it. Even learned Trial Court has also kept the question of limitation open to be considered at the time of trial. In the facts and circumstances of the case, no illegality has been committed by the learned Trial Court in refusing to reject the plaint under Order 7 Rule 11(D) of the Code of Civil Procedure, which does not call for interference of this Court in exercise of power under section 115 of the Code of Civil Procedure.
3. In view of the above and for the reasons stated hereinabove and keeping the question/issue with respect to limitation open, to be considered at the time of trial in accordance with law and on merits, the present Civil Revision Application is dismissed. No costs.
[M.R.SHAH,J] *dipti Top