BAKHSHISH KAUR,J - (1.) THE challenge in this revision petition is to the impugned order as one of the issues pertaining to the point of limitation has been treated as preliminary by the trial Court.
(2.) A suit for the recovery of Rs. 3,73,34,370.90 i.e. Rs. 2,49,72,823.90 on account of shortage in wheat stock and Barley was filed by the Punjab State Civil Supplies Corporation (hereinafter referred to as 'the plaintiffs') against Harmail Singh (hereinafter referred to as 'the defendant,). It is averred that the defendant was handed over the charge of wheat of crop year 1979-80 and other stock articles in the capacity of Inspector of PUNSUP. During his tenure at PUNSUP Abohar Centre, the defendant had purchased wheat for the crop years 1980-81, 1981-82, 1982-83, 1983-84, 1984-85 and 1985-86. On physical verification of the stock, it was found that there was shortage of 5343 wheat bags. The shortage of 426 wheat bags was made good by the defendant, reducing the shortage of wheat stock to 4917 bags. A committee was constituted to conduct the verification of the stock and thereafter the present suit was filed. The defendant raised objections preliminary as well as on merits. The preliminary objection which is relevant for the decision of this revision petition is that the suit is barred by limitation and Order 2 Rule 2 CPC.
(3.) ON the pleadings of the parties, the trial Court framed issues on June 2, 1988 and the case was adjourned for recording the evidence of the plaintiff. Before any witness could be examined, the defendant moved an application for treating the issue of limitation as preliminary issue on the grounds that it can be decided without recording any evidence. The trial Court had, therefore, vide impugned order treated issue No. 2 as preliminary issue.;