1 D.B. CIVIL SPECIAL APPEAL(W)NO.304/2006 M/s. Gagneja Construction Company Vs. J.V.V.N. Ltd.(Civil) & Anr. Date of Order :: 23-01-2007 HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA HON'BLE SHRI JUSTICE GOVIND MATHUR Shri Shyam Ladhrecha, for the appellant. This special appeal is directed against the order of the learned Single Judge dated 25.4.2006 in SBCWP no.6945/2005 dismissing the writ petition of the appellant. The appellant had filed the writ petition challenging the decision of the civil court on the issue of limitation. The issue was taken up as preliminary issue and decided against the appellant. We are of the view that recourse to writ jurisdiction under Article 226 of the Constitution of India was misconceived. It was an order which could be challenged under Section 115 of the Code of Civil Procedure. It is clear from a bare reading of the proviso to Section 115(1) that if the decision on the issue of limitation had been made in favour of the appellant, that is to say, if the trial Court had held that the suit was barred by limitation the entire suit would have been dismissed, that is, finally disposed of. 2 Counsel submitted that in view of the order of the learned Single Judge, there may be difficulty in filing civil revision and liberty may be given to that effect. The appellant may challenge the order of the trial court dated 19.9.2005 by way of civil revision under Section 115 of the Code of Civil Procedure in accordance with law and subject to just exceptions as may be available to the respondents. With these observations, the appeal is disposed of. [GOVIND MATHUR],J. [S.N.JHA],CJ. Praveen