Shri. Vitthal Baba Asabe v. Sou. Kajal Indrajit Shinde @ Kajal Narayan Kamble And ORS.

bipin prithiani 5-cra-381.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by BIPIN DHARMENDER PRITHIANI Date:

2022.06.28 11:17:09 +0530 BIPIN DHARMENDER PRITHIANI CIVIL REVISION APPLICATION 381 OF 2018 Shri Vitthal Baba Asabe ...

Applicant

Versus

Sou. Kajal Indrajit Shinde @ Kajal Narayan Kamble and Ors.

...

Respondents ****** S. P. Rajepandhare for the Applicant.

None for the Respondents.

****** CORAM: ROHIT B. DEO, J.

DATE : 27th JUNE, 2022 P.C. :- .

The Civil Revision Application challenges the order dated 11th April, 2018 whereby answering the preliminary issue framed on the aspect of limitation, the suit is held within limitation. 2.

The counsel for the applicant has sought circulation on the premise that in view of the deletion of Section 9-A, he be permitted to raise the ground of limitation in appeal, if there is an occasion to prefer an appeal challenging the ultimate decision.

3.

In view of the Saving clause, the present revision abates. 4.

The Civil Revision Application is disposed of with the clarification that if there is an occasion for the applicant to challenge the ultimate decision in appeal, the issue of limitation would be one of the objections which will have to be decided by the Appellate Court. [ROHIT B. DEO, J.]