IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 224 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE M.S.PARIKH ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? -------------------------------------------------------------- STATE OF GUJARAT Versus SAMSUDIN VALJI KHOJA -------------------------------------------------------------- Appearance: MR BY MANKAD, ASSTT. GP. for Petitioners MR SURESH M SHAH for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.PARIKH Date of decision: 12/04/99 ORAL JUDGEMENT Rule. Service of rule waived by Mr. S.M. Shah, learned advocate for the respondent. 2. This revision application is directed against the impugned order dated 30/3/1998 passed by the learned trial Judge below Exh. 31 in Special Civil Suit No. 118 of 1987. By the application Exh. 31 the trial Court was requested to hear and decide issue with regard to limitation as preliminary issue. By the impugned order the trial Court did not grant that request. 3. It has jointly been submitted that the suit is of 1987 and likely to proceed for trial since the same is at the stage of evidence. Hence, bearing in mind that fact and the facts of the case, the trial Court is directed to hear the suit on all issues including the issue with regard to limitation. The trial Court will consider the decision in the case of Fatehsinh Rathod v. N. Rama Iyer reported in 1976 G.L.R. p.172 and other decisions that might be submitted for consideration of the trial Court by both the parties while deciding the issue of limitation alongwith other issues. The trial Court will decide the suit as expeditiously as possible, preferably within a period of six months from the date of writ of this direction. Subject to this direction, rule is discharged. No order as to cost. * * * PVR.