.^y ^y^' •^.-•' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR CIVIL REVISION N0. \rL5~ /2006 APPLICANT DEFFENDENT Rajendra Patni, Aged about 41 years S/o- Late shri S.M. Patani, Proprietor, Rajendra Traders Industrial Area, Dhamdha road, Durg, Distt Durg (C.G.) VERSUS NON APPLICANT /1PLAINTIFF ^Bahadur Ali, Aged about 47 years S/o" Abdul Ajiz, Managing Director, ABS Export Indf'a Priviate Ltd. R/o- Mohatla Baldevbag, Rajnandgaon District - Rajandgaon (C.G.) \^-" CIVILREVISIONUNDERSECnOlil tl5 OF C.P.C XI-HC-78 3T1^T ^T ^J<=b cTSTT3TT^T$h^li<=h Cl . .'^. -i^- \\^ *ii+idi «»+iict> 3^T ^liqMq, ^Tn<141(o, fstdl^^< ^-.c:^^/^. ^ 200 3TT^TqT^5T (^cii^^) ^RTTW ^rf?cT 3^T 06/09/2006 Shrj Awadh Tripathi couns^ Heard on admission. stfead The applicant has preferre{j dated 4.9.2006 passedby II Addi't{onai Suit No. 4-B/2005 whereby in whether the suit is barred by lawl posted for recording of evidenc^e iimitation is mixed question of fac^ after recording of evidence. this revision petition against the order District Judge Rajnandgaon in Civi! of deciding the preliminary issue - of limitation or not, the matter has been |e with a finding that the question of and law which can be considered onty Learned counsel for the ii even after initialty fixing the matt^ erroneously posted the matter submits that had the preliminary the suit wou!d have been dismisseld have heard learned coun; The Court biow has posted| a flnding that the question of limita^ion and the same cannot be decided vt 1 do not fjnd any il!egali|y warranting interference under rev| revision is liabie to be dismissed itseif. ohl^ld^H WMf ^ te^- <^^1< ^'3^R'3TT^T for the applicant. tppticant submits that the Court below ^r for framing of preiiminary issue, has for recording of evidence. He further i|ssue been decided against the piaintiff, at the threshoid. ^! for the applicant. the case for recording of evidence with is a mixed question of facts and law ithout recording the evidence. or infirmity in the impugned order jsiona! jurisdiction and accordingly, the ^nd it is dismissed at the motion stage Sd/- Dhirendra Mishra Judge