JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the orders dated 12.04.2022 and 17.08.2022 passed in CS No. 666/2018 titled `ALP Overseas Pvt. Ltd vs. Axis Bank Ltd., whereby the application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter as "CPC") filed by the petitioner/plaintiff was kept pending and not decided on the basis that the application under Order VII Rule 11 CPC was dismissed and the issue of limitation would be decided at the end of trial alongwith other issues.

2. Vide the order dated 17.08.2022 in the aforesaid suit, the learned Trial Court had also dismissed the application under Section 114 read with Section 151 of CPC seeking review of the order dated 12.04.2022.

3. Learned counsel for the petitioner submits that the refusal to decide the application under Order XII Rule 6 CPC by the learned Trial Court on the basis that the application under Order VII Rule 11 CPC was decided in favour of the petitioner/plaintiff by the learned Trial Court appears to have no basis or nexus.

4. The advance notice of the present petition was served upon the respondent. Learned coun