1. This petition is directed against the order dated 21 4-1988 whereby the issue with regard to limitation was decided to be treated as preliminary.

2. The plaintiff- petitioner filed this suit for recovery of Rs.1, 80,918.20 on 24-5-1984 Earlier the defendants filed an application under Sec.34 of the Arbitration Act for staying the proceedings in this suit. The matter was taken up to the Supreme Court but the defendants failed in that attempt. The written statement was filed in December 1987. One of the issues framed by the trial Court was as to whether the suit is within limitation. The defendants moved an application that the said issue be treated as preliminary as according to the defendants, the suit was obviously barred by time. The said application was contested on behalf of the plaintiff and it was contended that the said issue was not purely an issue of law and therefore, could not be decided without taking evidence The trial Court came to the conclusion that the case can be disposed of on issue No.4 which relates to limitation and no mixed question of fact and law is involved Consequently, the said application was allowed and it was directed that the said issue be