- (1.) Heard learned counsel for the petitioner.
(2.) This revision petition is directed against the order dated 2.1.2012 passed by Additional District Judge No.1, Bhilwara, whereby the application filed by the petitioner under Order VII Rule 11 CPC has been rejected.
(3.) The application was filed on two counts : (a)- that the suit was barred by limitation and (b)- that sufficient court fees has not been paid. The trial court by the impugned order came to the conclusion that from the averments made in the plaint, it cannot be said that the suit was barred by limitation and the issue of limitation being a mixed question of law and facts, the same cannot be finally decided at the stage of deciding the application under Order VII, Rule 11 CPC.;