Rajeshwar Thakur v. Suresh Mishra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5199 of 2016 ====================================================== Rajeshwar Thakur .... .... Petitioner/s

Versus

Suresh Mishra & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Choudhary Shyam Nandan For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-07-2016 Heard learned counsel Mr. Choudhary Shyam Nandan for the petitioner.

Perused the impugned order dated 12.01.2016 passed by Civil Judge (Junior Division-I), Samastipur in Title Suit No.66 of 2014/2071 of 2014.

It appears that the court below has rightly rejected the prayer of the petitioner to decide the question of limitation as preliminary issue.

From the facts alleged by the learned counsel for the petitioner and from the statements made in the application, it appears that the question of limitation in this particular case is not a pure question of law. It is dependent on evidence, therefore, the learned court below has rightly rejected the same. I find no reason to interfere with the impugned order in

Patna High Court CWJC No.5199 of 2016 (2) dt.20-07-2016 exercise of supervisory jurisdiction. Accordingly this writ application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U