1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5996 of 2008 M/s.R.R. Jain & Co. Thane .. Petitioner versus Chandrashekhar A. Pillai & Anr. .. Respondents ... Mr.H.S. Shreepad Murthy i/b Shri N.M. Shah for the petitioner. Mr.P.J. Das i/b R.S. Datar for respondent nos.1 and 2. CORAM : A.M.KHANWILKAR, J DATED : 1st September 2008 P.C.: 1. Heard counsel for the parties. 2. The argument of the petitioner that the defendant had raised issue of suit being barred by limitation at a belated stage of trial for which reason it ought not to have been entertained by the 2 trial court, I find no substance in this submission. It is well established position that whether the defendant raises the plea of limitation specifically or otherwise, it is the duty of the court to examine that issue if the fact situation of the case so warrants. That obligation is on the court on account of mandate of section 3 of the Limitation Act. In other words, the argument that the issue has been raised at belated stage does not take the matter any further. 3. Counsel for the petitioner would then contend that the lower court has misdirected itself in observing that the petitioner plaintiff will have to prove the fact that the suit is within limitation. According to the petitioner, the defendant raised the issue that the suit is not within limitation was obliged to prove that issue. 4. As I indicated prima facie opinion during the course of argument, counsel for the petitioner clearly suggested that in that case that aspect be left open to be considered at the appropriate stage by the court below. In the circumstances, that aspect is left open to be decided at the appropriate stage. 3 5. All question in that behalf are left open. In the event the suit is decided against the plaintiff, the plaintiff will be free to urge in the appeal to be filed against the said decision all the issues that have been agitated in the present writ petition. 6. Petition is disposed off on the above terms. (A.M.KHANWILKAR, J)