spb/ 1 902cra741-11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL REVISION APPLICATION NO. 741 OF 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Shiraj Rustamjee, Sr. Counsel with Ms. Pratiksha Mody, S.Prabhwe i/by M/s. K.Ashar & Co. for the Applicant. Mr. R.P. Bansal, Respondent-in-person appears. --- CORAM : G.S. GODBOLE, J. DATE : 17th NOVEMBER, 2011 P.C.:- 1 All that has been done by the impugned order is that the issue of limitation framed as preliminary issue has been decided against the Applicant-Defendant. This order does not amount to a decree and is also not appealable order. In view of the provisions of Section 105 of the Code of Civil Procedure, 1908; where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of Appeal. 2 It is thus clear that the remedy of the spb/ 2 902cra741-11 Applicant is to challenge this finding on the preliminary issue in any Appeal which may be filed either by the Petitioner or by the Respondent against the final decree which may be passed in the suit. Precisely for this reason, no case is made out for interference under Section 115 of the Code at this stage. Subject to the aforesaid liberty being reserved to the Applicant, the CRA is rejected. (G.S.GODBOLE, J.)