Uttarakhand High CourtWPMS--666/2013 on 17 April, 2013Author:K.J. SenguptaBench:Kalyan Jyoti SenguptaWPMS No.666 of 2013
Hon'ble Kalyan Jyoti Sengupta, J.Mr. Tapan Singh, Advocate present for the
petitioner.After hearing the learned counsel for the
petitioner, I am of the view that no interference is
called for, as both the learned courts below have
rejected the application of the petitioner moved
underOrder 7 Rule 11 of C.P.C. raising the
question of jurisdiction and limitation.         The
learned Trial Judge has already decided that after
framing issues, it has to be decided. I think right
course of action has been taken as the point of
limitation and jurisdiction are mix question of fact
and law.Therefore, I direct learned Trial Court to
frame preliminary issue on the question of
jurisdiction as well as limitation and decide the
same before deciding the matter on merit.The writ petition is disposed of accordingly.(K.J. Sengupta, J.)
                                    17.04.2013
JKJ