- (1.) B. K. Rathi, J. L. A. R. No. 808 of 1998 is pending in the Court of XI 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. 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 year, 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. It is further contended that regarding this reference and many connected reference similar question arose and, therefore, writ petition No. 7360 of 2002 was filed in the High Court which has been decided on 5-3-2002 by judgment Annexure-5 to the revision, that Division Bench has decided that "we therefore, feel pursuaded to the view that in case any objection regarding competence or maintainability of reference is preferred on behalf of the petitioners before the Court hearing the reference, the Court will decide such objection as a preliminary issue. "
(3.) ON the basis of this, it has been argued that the reference Court has erred in rejecting the direction of the Division Bench. It appears from the judgment of the revisional Court and from the arguments advanced by the learned Counsel for the opposite party that in this case the evidence of parties has concluded and the case was fixed for hearing argument. At the stage of arguments, the revisionist moved an application 4-C for amendment and raised the plea regarding limitation and maintainability, that application for amendment was allowed and an issue regarding it was framed. Thereafter, the arguments were heard and the case was reserved for judgment. Thereafter, the application was moved by the revisionist 51-C with the copy of the above writ petition, with the request that it may be decided as preliminary issue.;