S.B.CIVIL REVISION PETITION NO. 120/2008. Rajendra Singh & Ors. V/s. Smt. Bhagwat Kanwar & Ors. 1 S.B.CIVIL REVISION PETITION NO. 120/2008. Rajendra Singh & Ors. V/s. Smt. Bhagwat Kanwar & Ors. Date of Order: 4th May, 2009 HON'BLE MR. JUSTICE DALIP SINGH Mr. B.S. Kulshrestha, for the petitioners. Mr. R.K. Agarwal, for the respondents. Heard learned counsel for the parties. The petitioner has challenged the order Annexure-4 dated 23.1.2008 by which the application under Order 7 Rule 11 CPC filed by the defendant petitioner has dismissed. The objection inter alia is on the ground that the suit is barred by the limitation. The learned trial Court has come to the conclusion that the objection raised in the application under order 7 Rule 11 would be decided after the evidence has been recorded as the objections are mixed questions of fact and law. In the facts and circumstances, having considered the plaint averments filed as Annexure-1 as well as the objections raised in the application filed under Order 7 Rule 11 by way of Annexure-2, I am of S.B.CIVIL REVISION PETITION NO. 120/2008. Rajendra Singh & Ors. V/s. Smt. Bhagwat Kanwar & Ors. 2 the view of the impugned order does not call for any interference. The revision petition is accordingly dismissed. It would be open for the petitioner to move the learned trial Court for framing the issue based upon the aforesaid objections as contained in the application under Order 7 Rule 11 CPC and for deciding the same as preliminary issues. In case such an application is filed the learned trial Court will consider the same and decide the same in accordance with law. Subject to the above, the revision petition and the stay application are disposed of. (Dalip Singh),J. Tanwar/- Jr.P.A.