Rajesh H. Shukla, J.

1. The present Second Appeals have been filed by the appellant-original plaintiff being aggrieved and dissatisfied with the order passed below Exh. 18 & Exh. 25 under Order 7, Rule 11 of the Civil Procedure Code in Regular Civil Suit No. 94/2010 and Regular Civil Suit No. 93/2010 respectively dated 01.02.2011 confirming the judgment and order passed by Principal Sr. Civil Judge, Kalol dated 01.02.2011 posing substantial questions of law as follows:-

"(a) Whether present suit was required to be dismissed under the provisions of Order 7 Rule 11(d), when the averments in the plaint regarding the question of limitation was required to be adjudicated upon leading evidence, as the question of limitation is a mixed question of law as well as facts.

(b) Whether the Courts were required to reject the suit under the provisions of Order 7 Rule 11(d), when the period for obtaining N.A. permission was not fixed in the Banakhat and therefore as per the provisions of Article 59, the evidence was required to be led regarding when the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded, first became known to him