MAHESHWARI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is the defendant in Title Suit No.139/2011 pending before Munsif-IInd, Bhagalpur. On account of refusal by the learned lower court vide order dated 25.03.2013 to accede with the prayer having been made on behalf of petitioner in terms of Order-VII Rule-11 of the CPC along with OrderXIV Rule-2 of the CPC, instant petition has been filed.

(2.) From perusal of the order impugned, it is evident that learned lower court had not rejected the prayer of the petitioner rather observed that the question relating to cause of action as well as limitation are mix question of law and fact which could be decided after evidence of the parties as a result of which it could not be decided by way of preliminary issue.

(3.) How the matter in case so raised under Order-VII Rule-11 CPC is to be taken up. In Sopan Sukhdeo Sable & Ors. Vs. Assistant Charity Commissioner & Ors., 2004 3 SCC 137 , it has been observed: