JUDGMENT:- Rule made returnable forthwith. Heard finally by consent.

2. The order passed by Joint Civil Judge [Senior Division], Nagpur, dated 17th April, 2004 in Special Civil Suit No.602 of 1991 is subject matter of challenge in this Revision Application.

3. Trial Court framed two issues to be tried as Preliminary Issues. The circumstances, which have led to framing of these two issues, are narrated in Para 1 of the order, which can be summarized as follows ;-

[a] The Defendants moved an application under Order VII, Rule 11, read with Rule 9A, Civil Procedure Code.

[b] Nature of objection was that:

[i] upon reading of the contents of the plaint, no cause of action can be made out.

[ii] on reading of the plaint, the suit is barred by limitation.

4. In view of the fact that the preliminary issues were being decided, the Written Statement has not been filed.

5. Issues as to cause of action and limitation were decided in favour of plaintiff. Learned Advocate is taking exception to this order.

6. Heard learned Advocate Mr. R. P. Joshi for the petitioners at length.

The summary of submissions of learned Advocate Mr. Joshi is as follows ;-

[a] According to Mr. Joshi, on reading of the plaint, it i

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