Sangeet Lodha, J. - (1.) This writ petition is directed against order dated 14.12.11 passed by the Additional District Judge, Srikaranpur in Civil Suit No. 9/08 (118/05), whereby while dealing with two applications preferred by the petitioner-defendant; one for deciding the issue with regard to limitation as preliminary issue and another for keeping burden of proof of the said issue upon the respondent-plaintiff, the application praying for determination of issue of limitation as preliminary issue, stands rejected. However, as per the operative portion of the order, the application dated 24.11.11 praying for keeping the burden of proof of the said issue upon the respondent-plaintiff, has been rejected.
(2.) The relevant facts are that the plaintiff-Ramdev Chug, the respondent no.2 herein, filed a suit for partition in respect of the disputed property accompanied by an application under Section 14(3) of the Limitation Act, 1963 (for short "the Act"). The suit instituted was registered subject to objection regarding limitation. The suit is being contested by the petitioner herein by filing a written statement thereto. On the basis of the pleadings of the parties, the trial Court framed the issues. The issue with regard to the suit being barred by limitation has been framed by the trial Court in the following terms: ...[VERNACULAR TEXT OMITTED]...
(3.) During the pendency of the suit, the petitioner-defendant preferred an application on 19.11.11 praying for the determination of issues with regard to the suit being barred by limitation as preliminary issue. Yet another application dated 24.11.11 was preferred by the petitioner praying for keeping the burden of proof of issue framed as aforesaid upon the respondent-plaintiff.;