ANUPAMA DASH Vs. ABHIMANYU MAHAPATRA

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition has been filed challenging the order dated 16.07.2012, passed by the learned Civil Judge (Sr. Division), Jajpur, in Election Misc. Case No. 4 of 2012, rejecting the petitioner's application filed under Order 14, Rule 2(2) C.P.C., for taking up the issue of maintainability of the election petition on the ground of limitation as a preliminary issue.

(2.) LEARNED counsel for the petitioner submits that admittedly as the election petition had been filed beyond the prescribed period of limitation, as provided under Section 31(1) of the Orissa Gram Panchayat Act, the same should have been taken up as a preliminary issue before proceeding with the hearing of the election petition.

(3.) ON a perusal of the impugned order it is seen that the learned Civil Judge has come to hold that as the issue of limitation is purely a question of fact, which can be ascertained during the course of trial, there is no necessity for taking up the issue of limitation as preliminary issue and accordingly has rejected the application.