IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12456 of 2010 SIYA SHARAN PRASAD & ANR Versus SUGIYA DEVI & ORS ----------- 3 4.5.2011 The sole grievance of the petitioners is that the court has observed that the issue on limitation shall be decided at the time of trial. The word ‘trial’ includes from the date of framing of issue till the date of final Judgment. Therefore, issue is yet to be framed on the point of order of preliminary issue has yet arisen after the petitioner filed his W.S.. If it is not on the points raised in the Additional W.S., the trial court shall frame issue on that preliminary issue and conclude the trial of the suit within a period of six months. The trial court shall decide the preliminary issue first. The writ petition is disposed of with the aforesaid observation. AnilKrSinha ( Prakash Chandra Verma, J.)