JUDGMENT (ORAL)

The present petition is filed by the petitioners – original defendants challenging orders passed by the Principal Senior Civil Judge, Surat in Special Civil Suit No.360 of 2013 :- (i) dated 20.09.2022 passed below application Exh.142 for framing the issue of limitation as a preliminary issue for deciding the suit and (ii) dated 05.07.2019 below application Exh.131 for recasting and reframing the issues already framed, so as to include the issue of delay and laches. The trial Court has rejected both these application Exh.142 and Exh.131 filed by the petitioners – original defendants.

2. Heard learned advocates.

3.1 Learned advocate Mr.Nandish Chudgar for learned advocate Mr.Shrinil A. Shah for the petitioners has submitted that the trial Court has committed gross error of law in deciding the applications at Exh.142 and 131. He has submitted that the impugned orders are bad in law, contrary to the settled principles of law, unjustifiable and unreasonable. He has submitted that suit itself is barred by limitation as the issue is of the year 1986. He has submitted that the trial Court has failed to appreciate that when the suit is barred by limitation, which can be decid