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2002 Supreme(All) 852

S.P.MEHROTRA
SIDH NATH – Appellant
Versus
DISTRICT JUDGE, MIRZAPUR – Respondent


Advocates Appeared:
B.D.MISHRA

S. P. MEHROTRA, J.

( 1 ) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, challenging the order dated 9-1-2002 passed by respondent No. 2 (Annexure 3 to the writ petition) and the order dated 26-2-2002 passed by respondent No. 1 (Annexure 4 to the writ petition ).

( 2 ) IT appears that the plaintiff respondent No. 3 filed a suit being Suit No. l 124 of 1988 against the defendants-petitioners, inter alia, for a decree for specific performance of the agreement dated 10-2-1976. A written statement dated 10/04/1996 was filed on behalf of the defendants petitioners wherein, inter alia, an objection was raised that the suit was barred by limitation.

( 3 ) IT further appears that Issue No. 3 has been framed on the question of limitation. The defendants-petitioners filed an application No. 126 GA praying that Issue No. 3 be decided as preliminary issue. The trial Court (Respondent No. 2) by its order dated 9-1-2002 rejected the said application No. 126-Ga filed by the defendants-petitioners.

( 4 ) THEREUPON, the defendants-petitioners filed a revision being Civil Revision No. 20 of 2002. By the order dated 26-2-2002, the learned















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