THE HON’BLE SRI JUSTICE N.V.RAMANA CIVIL REVISION PETITION No.4518 of 2009 Oral order: This C.R.P. is directed against the order dated 22.01.2009, passed by the V Additional Senior Civil Judge, Ranga Reddy District, dismissing the applicant in I.A.No.262 of 2007 in O.S.No.528 of 2005, filed by the petitioners-defendant Nos.1 to 30, praying to reject the plaint. Heard the learned counsel for the petitioners and perused the order under revision. Though the petitioners-defendants contended that since the suit is barred by limitation, the Court below ought to have rejected the plaint, filed by the plaintiff-respondent, the fact remains, the law is well settled that while considering an application for rejection of plaint, what all the Courts have to consider is the statements made by the plaintiffs in the plaint and not based on the statements made by the defendants in their written statement. Inasmuch as in the instant case, the averments made by the plaintiffs in the plaint did not disclose that the claim made by them for grant of perpetual injunction is barred by any law, the Court below refused to reject the plaint on the application made by the petitioners-defendants, and no exception can be taken thereto. This apart, whether or not the claim is barred by limitation, is a mixed question of fact and law, which can be decided only after the parties adducing evidence in support of their respective cases, and the plaint cannot be rejected at the threshold based on the averments in the written statement that the suit is barred by limitation. In the above view of the matter, I find no reason whatsoever to interfere with the order under revision in exercise of supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The C.R.P. is devoid of merit, and the same is accordingly dismissed. No costs. _________________ N.V.RAMANA, J Date: 04.12.2009 kvni