WPMS No. 611 of 2009 Hon’ble Prafulla C. Pant, J. Heard Sri Naresh Pant, learned counsel for the petitioner. By means of this petition, moved under Article 227 of the Constitution of India, the petitioner has challenged the order dated 16.12.2008, passed by Civil Judge (Junior Division), District Bageshwar, in Civil Suit No. 11 of 2007. The trial court has observed on issue no. 5, framed in the suit, which relates to limitation, that since it requires evidence of the parties, the same would be disposed of after the parties adduce their evidence. This Court does not find any illegality committed by the trial court in deciding the issue, relating to limitation with the suit, particularly, when in its opinion, the evidence needs to be adduced. The suit was filed by the plaintiff / respondent for possession of the property, which is shown to have been sold by father of the plaintiff to the father of the defendant through registered sale deed dated 03.06.1974. The defendant’s (present petitioner’s) case was that the suit is barred by time. The plaintiff has taken the plea that he had no knowledge of the transfer deed executed by his father. In these circumstances, the trial court observed on issue no 5 that the same would be decided along with the suit after the parties adduce their evidence. In the above circumstances, this Court is of the view that no prejudice is caused to the defendant (present petitioner) and he is at liberty to rebut the evidence adduced by the plaintiff in the matter. With above observations, the petition is dismissed summarily. (Interim Relief Application No. 3219 of 2009 also stands dismissed.) (P.C.P., J.) 28.04.2009 NS