gst 1 cra1112.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL REVISION APPLICATION NO. 1112 OF 2010. Kashinath Barku Jagzap & Ors. ... .... .... ..Applicants. V/s Mushtari Begum Abdul Kalam Shaikh .... .... ..Respondent Mr.Rahul Motkari, Adv. For the applicants. CORAM: B.R.GAVAI, J. 12th Jan., 2011. PC: By way of present application the applicant challenges the order passed by the learned Civil Judge, Senior Division, Nashik thereby rejecting the application filed by the present applicant (defendant) for rejection of plaint under Order 7 Rule 11 clause (d) of Code of Civil Procedure. 2. Learned counsel for the applicant submits that the learned trial Court has grossly erred in rejecting the application as ex-facie claim of the applicant was beyond limitation. 3. Learned trial Court has found that the question as to the limitation is mixed up with question of law and fact and cannot be adjudicated without parties being permitted to lead evidence in that regard. Apart from that an application is filed after framing of issues and not at the earliest opportunity available to the applicant. In that view of the matter no case is made out for interference in revisional jurisdiction under section 115 of Code of Civil Procedure. Hence application stands rejected.