IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2180 OF 2008 Between: V.K. Kasinadhan .....PETITIONER AND M/s. Sree Saraswathi Milles Limited ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2180 OF 2008 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 19.03.2008, in I.A.No.16 of 2008 in A.S.No.14 of 2006, on the file of the Senior Civil Judge, Puttur, whereunder and whereby, the petition, filed under Order XLI Rule 25 and Section 151 of the Code of Civil Procedure, 1908, to frame additional issues mentioned in the petition, was dismissed. 2. Heard. 3. The grievance of the petitioner herein/defendant is that even though a specific plea has been taken with regard to the aspect that the suit was barred by limitation, no issue has been framed in the trial Court and in the appellate Court, when the present petition is filed to frame additional issues, that petition was dismissed. 4. The contention of the learned counsel for the petitioner is because the issue relating to limitation has not been framed, there was denial of opportunity for the petitioner to let in evidence with regard to the aspect of limitation. 5. If the issue is a pure question of law of limitation, the petitioner can as well raise it before the appellate Court even without framing an issue on that aspect. With regard to the opportunity to adduce evidence to the petitioner, it is for the appellate Court to decide the same. Therefore, the contention of the learned counsel for the petitioner with regard to letting in evidence by the petitioner with regard to the limitation is left open to be decided by the appellate Court. 6. With the above observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. _______________ K.C. BHANU, J February 10, 2011 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2180 OF 2008 February 10, 2011