Mr. Banerjee, learned Senior Advocate representing the appellant/defendant has taken a point of limitation of the plaintiff’s claim. He says that the defendant had made an application under Order 7 Rule 11(d) of the Code of Civil Procedure before the Learned Trial Judge for rejection of the plaint on the ground that the suit is barred by limitation. The learned Judge dismissed such application. On revision, the High Court did not interfere with the conclusion of the learned Trial Court but passed the following direction:- “I am informed that trial court has already framed issue as to whether suit is barred by limitation or not and whether plaintiff has any cause of action to file the suit or not. In the event of framing such issues trial court shall decide those issues at the time of final adjudication of the suit on the basis of oral and documentary evidence and without being influenced by any observation made by this court, since I have not gone into the merits of the case”.

The defendant’s Special Leave Petition against such revisional application was not entertained by the Hon’ble Apex Court.

Mr. Banerjee, contends that the learned Trial Court was obliged to decide the issue of l