1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL REVISION PETITION NO.213/2007. Baldev Prasad and Others. VERSUS Bhawani Shankar and Others. 20.01.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Manish Sharma, for the petitioners. Mr.Mohan Choudhary, for the respondents. ***** Heard learned counsel for the parties and perused the impugned order by which the application submitted by the petitioner under Order 7 Rule 11 C.P.C. In respect of the relief claimed in the counter claim by the non-petitioner has been rejected holding that the objection which has been raised appears to be a mixed question of fact and law. Since the aforesaid objection is in relation to the relief being barred by limitation, it is directed that once the evidence has been led on the issues, it would be open for the parties to move an application before the learned trial court for deciding the issue with regard to the limitation in respect of the relief claimed under the counter claim by the defendant, and that 2 issue may be decided as a preliminary issue. Subject to the above, this revision petition and the stay application stand disposed of. The interim order stands vacated. The learned trial court is permitted to proceed in the matter. (DALIP SINGH),J. Solanki DS, Jr.P.A.