BHAIRAV GRAH NIRMAN Vs. BABU LAL MALI

JUDGEMENT

(1.) AFTER service of notice to the respondent, the court had directed to hear the appeal finally at the admission stage vide order dated 20.12.2012.

(2.) NOBODY appears for the respondent though duly served. Hence, the appeal is being disposed of after hearing learned counsel Mr.RK Daga for the appellant.

(3.) IT is submitted by learned counsel Mr. RK Daga for the appellant that the order in question being decree within the definition of section 2(ii) of CPC, the fist appeal has been filed. He further submitted that the trial court under the misconception of law rejected the plaint of the appellant on the ground of non-disclosure of cause of action and on the ground of being barred by limitation. According to him, the para nos. 8,9 and 10 of the plaint clearly disclose the cause of action and question of limitation would be a mixed question of law and fact, which could not be decided in the application under Order VII Rule 11 of CPC, for the purpose of holding that the suit is barred under the law.