JUDGMENT :

Rule. Rule is made returnable forthwith. Mr. Shrikrashna B. Solanke, learned counsel waives service for respondent nos.1 to 3. At the joint request of the parties, heard finally at the stage of admission.

2. By this petition, petitioner has challenged the order dated 09.06.2022 passed by the Adhoc District Judge-2, Bhoom thereby rejecting his application at Exh.23 in R.C.A. No. 63 of 2019 filed under the provisions of Order-41, Rule-25 of the Code of Civil Procedure (hereinafter referred to as the ‘CPC’) for framing of issue relating to limitation.

3. Considering the narrow controversy involved in the present petition, it is not necessary to narrate the detailed facts leading to the filing of the suit. Suffice it to state that suit was instituted by respondents herein for partition of the house property. The defendant (petitioner herein) filed his written-statement raising various defences. One of the defences raised by the defendant was that the suit was barred by limitation. Despite such plea of limitation being raised, apparently issue with regard to limitation was not framed by the trial Court which proceeded to decree the suit by its judgment and order dated 25.09.2019