ORAL ORDER

1. By the impugned order dated 14.12.2018, the learned Second Additional Civil Judge, Sanand, declined to frame the issue as to limitation in Regular Civil Suit No.245 of 2011 below Exh.39, in a suit pertaining to the partition for the ancestral properties.

2. On consideration of the submissions made by the learned counsel for the petitioner and perusing the impugned order as also taking into consideration the provisions of the Limitation Act, this Court does not find the merit in the petition for the simple reason that in absence of the provision prescribing the limitation for claiming the partition of the ancestral properties, issue of limitation would not arise.

3. As is clear from the scheme of the Limitation Act, limitation will operate in case of a dispute in respect of entitlement of a right, title or interest. The schedule pertaining to the limitation under the Limitation Act would apply in relation to the suites relating to accounts, contract, decree and instruments, immovable property by a mortgagor or for enforcement of payment of money secured by mortgage or otherwise charged upon immovable property or a suit by mortgagee for various purposes, suits relating to