" PBTITSONERs DefeBdaBt /V. HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (Art 227) N0. 3896/2010 Kasmuddui Ansad, S/o Mohd. IsmUe, Aged about 50 years, Caste Musataiaii, Occupation -Uneixiployed, R/o Village Baisagai-para, Baikunthpur, Ward No, 8, P.S. & Tahsil Baikunthpzu', Distt. Koria (C.G.). RESPONDENTB; PSaintiff Defendaat No, 2, VBRSUS 1. 2. Firoza Sahia D/o Sa}7yed Asgar, W/o Kasmuddta Ansad, Aged about 48 years, Occupation -Service, R/o ViUage Baikunfhpur (Khutiiaupara) Tahsil Baikunftipur, Distt. Koria(C.G.). State of Chhattisgarh Through Collector, Koria, Baikuthpm-(C.G.). WRIT PETITION UNDBR ARTICLB 227 OF THB CONSSTTUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Preseilt:- Shri D.N. Prajapati, Advocate for the petitioner. Shri Sushil Dubey, G.A. for the State/respondent No. 2. Respondent N0. 1 not noticed. ORAL- ORDER (Passedon 29/07/2010i 1, By th.is petitiou under Article 227 of the Constitution of India. Petitioner has challenged tlie order dated 22/6/2010 passed by IInd Civil Judge Class-I Baikunflipur, Distt. Koria m CivU Suit No, 5- A/ 2007 whereby application to decide tlie question of limitation and question of Court fee as a preUmmar^^ issue has been dismissed. 2, Leamed counsel for the petitioner Shri D.N, Prajapati aGd leaiiied counsel for fhe State/respondent No. 2 Shii Sushil Dubey ai'e heard. 3. Order mipugned peinsed. 4. Order impugned and copy of plamt reveal tliat question of Umitation as a question mixed law aad facts which requires evidence flierefore ^-stste^,.,. ,^-^ "\ 5. ^- question of Imiitation ia the present suit cannot be decided as a prelimiaar}7 issue. As regard the qiiestion ofvaluation aad Court fee is conceraed specific additional issue No. 6 has been framed by tlie Court below but in the Ught of Para-4 of fhe plaitit relatiiig to vaJuation oftlie propeity io. Pai'a-9 & Pai'a-14 (reUef clause) relatiag to dispossession and clahn for possession which xiiay ultimately efiect pecuniaiy junsdiction of tlie Court is required to consider before decision on all issues. In fhese circuBistaiices Court below is required to consider the question of consideration relating to valuation of fhe suit property. Consequently, ttiis petition is disposed ofwith aforesaid obserurations, I,A, No, 01 is also disraissed. 6, No order as to costs, 7, Ceiti&ed copy as per rules. Sd/- TR Sharma Judge