0701cra93.10.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO. 93 OF 2010 (Mrs. Raisaparvin Sekh Waris & another Vs. Balu D. Gawai) .................................................................................................................................................................... .. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .................................................................................................................................................................... .. Shri P. S. Raut, Advocate for the applicants. Shri P. S. Patil, Advocate for the respondent. CORAM : R. K. DESHPANDE, J. DATED : 7TH JANUARY, 2011. This revision application challenges order dated 16/8/2010 passed by the learned Joint Civil Judge, Junior Division, Daryapur, rejecting the application (Exh.45) filed by defendants No. 1 and 2 under Order 7 Rule 11(d) of the Code of Civil Procedure for rejection of the plaint on the ground that it is barred by limitation. The plea raised is that the limitation is covered by Article 59 of the Limitation Act which prescribes the period of 3 years. The sale deed in question was executed on 6/3/2000 whereas the suit was filed on 7/7/2007. The said plea has been rejected by the trial Court on the ground that it is a mixed question of law and fact. It is not disputed that issue of limitation has been framed by the trial Court, and unless and until evidence is laid on the said issue of limitation, the same cannot be decided. In view of this, no fault can be found with the order passed by the trial Court. The revision application is, therefore, dismissed. It is made clear that dismissal of this revision application shall not come in the way of the applicants in pursuing the point of limitation before the trial Court. JUDGE 0701cra93.10.odt wwl