Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of respondent no.2.

2. The petitioner is Defendant in Misc. Case no. 19 of 1992 and 20 of 1992 filed by one Surya Deo Singh (respondent no.2) for setting aside the Compromise decree dated 20.12.1985 passed in Title Suit no.73 of 1985 and partition suit no.139 of 1985.

3. The petitioner has filed the instant writ application against the order dated 04.10.2010 passed by Sub-Judge-II, Ara in Misc. Case no.19 of 1992 and 20 of 1992, by which he admitted the two Misc. cases provisionally for hearing on point of limitation with other issues together at the time of hearing of the case. The case of the petitioner is that issue of limitation should have been decided as preliminary issue.

4. A brief fact of the case is indicated herein below for easy reference:

(i) A Title Partition Suit no.73 of 1985 was filed by the petitioner for partition, whereas Title partition suit no.139 of 1985 was filed by respondent 2nd set. The parties filed compromise petition and both the suits were decreed in terms of compromise on 20.12.1985. However, finding himself deceived in compromise filed Title suit no. 3