B.K.Rathi, J. - (1.) L.A.R. No. 808 of 1998 is pending in the court of XI th Addl.. District Judge, Ghaziabad. The revisionist who is opposite party in the reference moved an application to decide the issue of limitation and regarding maintainability of the reference and whether the reference is barred by Section 137 of the Indian Limitation Act as preliminary issue. The trial court has refused to decide this issue as preliminary issue. Aggrieved by it, the present revision has been preferred.
(2.) I have heard Sri A.K. Mishra, learned counsel for the revisionist and Sri tarun Agarwala, learned counsel for the opposite party.
(3.) It has been argued by Sri A.K. Mishra that the award was given by the collector on 27.7.1991. Reference in the court was made under section 18 of the Act in the yea, 1998 i.e. after seven years, that, therefore, clearly the reference is barred by time and is not maintainable. It is further contended that the request for reference under section 18 can be made by the claimant within six weeks, but it was not made within six weeks.;