JUDGMENT :

Prior to dealing with the question posed by the learned counsel for the parties, few facts are required to be considered, which engage consideration in the instant writ petition.

2. The plaintiff petitioner, herein, had preferred this writ petition, whereby, by virtue of the impugned order under challenge, the issue pertaining to the limitation, i.e., issue No. 11, has been directed to be decided as a preliminary issue.

3. The sole issue of debate in this writ petition, is, as to whether the question of limitation, which constitutes as to be an ingredient of issue No. 11, could be simpliciter decided as a ‘preliminary issue’, based on the pleadings raised in the Suit or it engages consideration of facts, which could be decided by appreciating the pleadings raised in the plaint, which ought to be decided at the stage, when the other issues are decided by the learned trial Court i.e. it is required to be decided with other issues after considering evidence and facts.

4. Upon the suit being instituted, the respondents had filed their written statement and has raised a plea pertaining to the bar of limitation, and accordingly, the defendants/respondents have raised a plea by fil