1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.8185 of 2009. Radhey Shyam Khatri & Another VERSUS Navrang Kumar son of Shri Panna Lal & Others Date of Order :::: 19/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Brij Kishore Sharma, Counsel for the Petitioners. Per Court : Heard learned counsel for the petitioners. Perused the impugned order dated 18.11.2008 (Annexure-10) passed on the application under Order 7 Rule 11, C.P.C. The objection raised is that the suit is barred by limitation, as it has been filed after 16-years of the alleged agreement having been executed by the parties. The learned Court below has held that the question involved is a mixed question of fact and law, which cannot be decided by the application under Order 7 Rule 11, C.P.C. In the facts and circumstances of the present case, I find no reason to interfere with the impugned order. However, a liberty is granted to the petitioners to move an application before the learned trial Court after filing the written-statement to raise 2 the objection with regard to limitation and on issues being framed thereafter to have the said issue with regard to limitation decided as preliminary issue. Subject to the above, the writ petition stands disposed of. (Dalip Singh) J. ashok/