CRP 267/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. DCK Hazarika, learned counsel for the petition er and Mr. P Kalita, learned counsel appearing for the respondent. The petitioner, who is the opposite party in Misc. Case No.87/2008 pending in the Court of the learned District Judge at Dibrugarh, by t he present petition, is challenging the order dated 23rd April, 2010 passed by t he learned District Judge in the said proceeding. It has been contended by Mr. Kath Hazarika, learned coun sel for the petitioner that though in the objection dated 22nd October, 2009 (me ntioned as to be filed on 23rd October, 2009), which according to the learned co unsel, has been registered as Petition No.1505/2009, though the question of limi tation has been raised, the said question has not been decided while rejecting t he said petition being Petition No.1505/2009. The learned counsel, therefore, s ubmits that the learned Court below may be directed to deal with the question of limitation as raised in the said petition while deciding the Misc. Case No.87/2 008. Mr. Kalita, learned counsel for the respondent, on the o ther hand, has submitted that such an objection was earlier rejected. It has al so been submitted by Mr. Kalita that after rejection of such objection, no furth er objection has been filed. Mr. Kalita, however, has submitted that the questi on of limitation of the proceeding necessarily has to be gone into by the learne d Court below, if raised. It appears from the impugned order dated 23rd April, 201 0 that a objection petition being Petition No.1505/2009 has been rejected by the learned Court below, whereby and where-under the petitioner has prayed for reje ction of the application filed by the present respondent under Section 31 of the State Financial Corporation Act, 1951. Since the petitioner has raised the que stion of limitation, the same necessarily has to be decided by the learned Court below. The said proceeding being Misc. Case No.87/2008 is still pending for de cision. In view of the above, the present petition is disposed o f with a direction to the learned Court below to decide the question of limitati on as raised by the present petitioner, while finally deciding the Misc. Case No .87/2008. The revision petition is accordingly disposed of. No co st. The parties are directed to appear before the learned Co urt below on 7th January, 2011.