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Judgment
9 paragraphs · 162 wordsGoutam Bhaduri, J
Heard.
The present petition is against the order dated 06.08.2014 whereby an application filed by the petitioner under Order 14 Rule 2 CPC to decide an
issue as a preliminary issue has been dismissed. Perusal of the order shows that it is as back as in the year 2014. The petitioner claims to decide the
issue on the point of limitation as a preliminary issue and the trial Court dismissed the same on the ground that the nature of the issue involved is the
mixed question of law and fact and as such until & unless the facts by way of evidence are brought before the Court, the same cannot be decided as
a preliminary issue.
After going through the nature and the reasons in the application, I do not find any infirmity in the impugned order so as to exercise the powers
under Article 227 of the Constitution of India. Accordingly, the petition is dismissed.