IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1243 of 2006 MUNESHWAR PRASAD SHARMA @ MUNESHWAR SINGH Versus SMT.MANORAMA DEVI @ MANORAMA SINGH ----------- 5 15.12.2008 Heard Mr. Rama Kant Sharma, learned Senior counsel for the petitioner and counsel for the opposite party. In the opinion of this Court, when the impugned order came to be passed with consent of the parties including the petitioner, as is recorded by the Court below in the impugned order there would be hardly an occasion for this Court to allow the petitioner now to wriggle out of the situation or choose make out a new case for assailing an order passed with his consent. That apart, even the issue of limitation as raised by the defendant-petitioner would also require adducing of evidence. Thus if the Court below has decided to examine all the issues including the issue of limitation in a consolidated manner, it has not committed any jurisdictional error. A question of limitation can be both mixed question of fact and law and therefore cannot be strictly disposed of within the four corners and limitations imposed under Order XIV Rule 2 of the Code of Civil Procedure as a preliminary issue, as was held by the Apex Court in the case of Lufthansa German Airlines - 2 - Vs. Vij Sales Corporation reported in (1998) 8 S.C.C. 623. That being so, this Court would not find any jurisdictional error in the impugned order and accordingly this Civil Revision application is fit to be dismissed. This Court would however, observe that the suit is of the year 2004 and is confined to a very straight forward issue which in fact can be disposed of expeditiously provided both the parties extend their co- operation and abide by an undertaking given to this Court that they would do their best for an early disposal of the suit. Based on such undertaking of both the parties, this Court would direct for disposal of the suit itself within a period of nine months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions this Civil Revision application is dismissed. Bibhash (Mihir Kumar Jha, J.)