1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR FIRST APPEAL NO.665/2007 Vidarbha Irrigation Development Corporation ...Versus... Sau. Aruna w/o Sambhaji Rannavare and others ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri V.G. Palshikar, Adv. for appellant] CORAM:- A.B. CHAUDHARI, J. DATED :- 12.06.2009 In support of the appeal learned Counsel for appellant vehemently argued that the date of knowledge of the claimant about passing of the order was 29.12.1999 or prior thereto while the reference was filed on 23.2.2000 which means the same was barred by limitation and therefore, this appeal deserves to be allowed on this ground. I have gone through the impugned judgment and I find that there is no issue framed by the trial Court regarding limitation nor any attempt was made by the appellant to apply for framing such issue. Question of limitation is a mixed question of fact and law and cannot be decided for the first time in appeal. That apart there is no separate pleading in the written statement about limitation to oppose the claim/reference on the ground of limitation and therefore, this Court is unable to even 2 think of framing issue and remitting the same to the trial Court. Consequently, the issue of limitation cannot be raised at this stage. In the absence of any appropriate pleading and issue I am not inclined to accept the submission made by learned Counsel for appellant. First Appeal is, therefore, dismissed. No order as to costs. JUDGE ssw