IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1272 of 2008 VIJAY KUMAR PRASAD Versus DASAI RAUT & ORS ----------- 2. 12.8.2008 Heard counsel for the petitioner. In the opinion of this Court the approach of the court below in rejecting an application under Order 14 Rule 2 C.P.C. filed by the petitioner on the ground of suit being barred by res judicata or limitation does not suffer from any jurisdictional error, inasmuch as after detailed consideration the court below has come to a clear finding that both the issues are the mixed question of fact and law and can be effectively gone into at the time of final disposal of the suit alongwith all other issues. This Court cannot substitute its opinion especially when it has been held by the Apex Court in the case of Ramesh B. Desai & ors. Vs. Bipin Vadilal Mehta & ors., reported in (2006) 5 SCC 638, that a question of limitation or res judicata, in the event it would require leading of evidence can be more effectively gone into at the time of final disposal of the suit. This application is wholly misconceived, and is accordingly dismissed. ( Mihir Kumar Jha,J.) Surendra/