K.ABRAHAM MATHEW
State Bank of India – Appellant
Versus
Jancy Jose – Respondent
K. Abraham Mathew, J.
1. Petitioner is the plaintiff. The suit was for realization of money borrowed by the 1st defendant and the repayment of which was guaranteed by one Jose. On the death of the latter his legal representatives were impleaded as additional defendants 2 to 4, who are respondents 1 to 3 in this O.P. The 1st defendant failed to appear in the suit and he was set ex parte. Respondents 1 to 3 filed a written statement raising a contention, inter alia, that the suit was barred so far as they are concerned. The suit was posted for trial. Respondents 1 to 3 filed I.A. No. 2331 of 2015 to frame an issue with regard to the question of limitation, whereupon the learned Sub Judge framed an issue and heard it as a preliminary issue. By the impugned 'order' the learned Sub Judge found the issue against the plaintiff and accordingly, she "exonerated" respondents 1 to 3 from the liability, the correctness of which is questioned in this O.P. Heard.
2. The question of maintainability of the revision petition was heard as a preliminary question.
3. The learned Sub Judge found that the suit is barred by the law of limitation so far as respondents 1 to 3 are concerned. Consequentl
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