1. This civil revision has been preferred against the impugned order dated 22-1-2008 passed by the Court of 1st Civil Judge, Class I, Chhindwara in Civil Suit No. 8-B/05 deciding thereby the preliminary issue Nos. 1 and 2 and holding thereby the suit of the plaintiff to be within limitation.

2. Short facts involved herein are that the plaintiff/respondent No. 1 instituted a civil suit for recovery of damages to the tune of Rs. 50,000/- from the defendant/revisionist with the allegation that he was a registered contractor of forest department and used to purchase wood from the Government. He further used to transport it after its cutting in different sizes in his saw mill situated at Rambag, Chhindwara on the basis of transit pass. Once he was taking wood in this manner to Chcnnai through Nagpur. Revisionist at the relevant time was posted as Town Inspector at Police Station, Chhindwara. He stopped the truck of the plaintiff bearing registration No. NHG-4187 at Nagpur Naka, Chhindwara on the ground that the wood was being carried in violation of conditions of transit pass issued by the forest department. An offence under Sections 379 and 420 of lPC read with Sections 41,42 and 5