1 16.wp6253.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6253 OF 2011 Mr. H.B. Thorat & ors. ....Petitioners. Vs. Mr. Vijay Daulatsingh Madan & ors. ....Respondents Mr. A.Y. Sakhare, Sr. Advocate with Ms. Nikita Trivedi, Advocate for Petitioners. CORAM:- GIRISH GODBOLE, J DATED:- NOVEMBER 11, 2011 P.C. 1. Heard the learned Senior Advocate Mr. A.Y. Sakhare, for the Petitioners. Limitation is normally a mixed question of law and fact and unless from a statement in a plaint itself it can be conclusively held that a suit is barred by limitation, provision of Order VII Rule 11(d) of the Code of Civil Procedure, 1908 cannot be invoked. It is well settled that while considering an application under Order VII Rule 11, the Court can take into consideration only the averments in the plaint and the defence has to be ignored at that stage. In this case, trial is in progress and issue of limitation and jurisdiction is already framed. The Trial Court is bound to consider the said issue of limitation which is mixed question of law and 2 16.wp6253.11 fact and the issue of jurisdiction is a question of law to be decided by considering facts which will be proved at the trial on its own merits and without being influenced by the impugned order which is directed. Accordingly, subject to the above clarification no case for interference is made out. Writ Petition is dismissed. (GIRISH GODBOLE, J)