HON’BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.176 of 2010 Dated: 29-01-2010 Between: Chandupatla Tribhuvan Reddy. … Petitioner And Janga Kishan Rao. … Respondent HON’BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.176 of 2010 ORDER: This Civil Revision Petition under Article 227 of the Constitution of India, is filed by the defendant in the suit in O.S.No.562 of 2005 on the file of the learned Principal Senior Civil Judge, Warangal, aggrieved by the order, dated 12th of October 2009, passed in I.A.No.297 of 2008 in the said suit. 2. The respondent herein has filed a suit for specific performance of the agreement of sale, dated 03.06.1995. In the said suit, the petitioner herein has filed an application under Order 7 Rule 11 of C.P.C., seeking to declare the suit as barred by limitation. The Court below rejected the said application. Hence, this revision. 3. It is well settled that the aspect of limitation is a mixed question of fact and law, which has to be examined after recording evidence on behalf of the parties, but the same is not a ground to reject the suit at the threshold, by entertaining an application under Order 7 Rule 11 of C.P.C. Therefore, I do not find any ground to interfere with the order passed by the Court below, rejecting the application filed by the petitioner. 4. The revision petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 29th January 2010 ajr