S.B.CIVIL REVISION PETITION NO.214/2007 (Chairman, Rajasthan Rajya Vidhyut Vitaran Nigam Ltd. & ors. vs. M/s Transmission Engineers Pvt. Ltd.) DATE OF ORDER : 2/9/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Sumit Mehta, for the petitioner. Mr.B.K.Vyas, for the respondent. 1. Heard learned counsels. This writ petition is directed against the order dated 23/5/2007, whereby, learned trial court rejected the application of the defendant-petitioner-Rajasthan Rajya Vidhyut Vitaran Nigam Ltd. filed under Order 7 Rule 11 CPC on the ground that the suit for recovery of money was barred by limitation. 2. Learned trial court has rejected the said application as the question of limitation was mixed question of fact and law, which could be decided only after taking evidence of the parties. Since the defendant had not filed any written statement and straightway filed the application under Order 7 Rule 11, the same was rejected by the learned trial court. 3. Having heard learned counsels, this Court finds no error in the impugned order. However, it is directed that trial court, after written statement is filed by the defendant, shall decide the question of limitation as a preliminary issue before deciding the other issues. 4. With these observations, this revision petition is disposed of. (DR.VINEET KOTHARI), J. item no.65 baweja/-