The plaint of the petitioners was rejected by the learned trial Court on' an application under Order VII Rule 11, C.P.C. holding that it was barred by limitation and appeal whereof was also dismissed; hence this revision petition.
2. In a suit for declaration filed by the petitioners, the application under Order VII Rule 11, C.P.C praying for the rejection of plaint on the ground of barred by limitation was filed and in support of this contention and to prove the factum of knowledge of petitioners, respondents placed on record copy of the plaint allegedly filed by the petitioners earlier and from that plaint it was inferred by the learned Courts below that the suit had become barred by limitation, whereas the claim of the petitioners is that they had not admitted filing of the alleged plaint produced by the respondents along with their application under Order VII Rule 11, C.P.C. and it was a case of evidence as to whether the Rule 11, C.P.C. and it was a case of evidence as to whether the petitioners had filed the earlier suit or not and without determining this aspect, the Courts had no jurisdiction to conclude that the petitioners had the knowledge considering the plaint placed on record by the respondents a sufficient evidence; therefore, the order and judgment of the learned Courts below on the face of it are illegal and without any legal justification; hence un- sustainable as the petitioners have not been provided the opportunity to meet with the objection raised by the respondents and for this probable reaso n this Court as well as the Hon'ble Supreme Court have appreciated to decide the question of limitation after recording evidence of the parties considering it a mixed question of law and fact. Since, the alleged plaint placed on record by the respondents had not been confronted to the petitioners, which could only be done after framing issues and recording evidence of the partie s; hence this petition is allowed, the order and judgment of both the learned Courts below are hereby set-aside. Consequently , the suit of the petitioners shall be deemed to be pending before the learned trial Court which shall adjudicate the matter on merit after framing issues including the issue of limitation. At that stage before the learn ed trial Court, the petitioners are at liberty , if so advised, to file applicatio n for treating the issue of limitation as a preliminary issue. If the said application is filed, the same shall be dealt with in accordance with law .
3. The parties are directed to appear before the learned Senior Civil Judge, Chinio t on 09.07.2019 who shall take on this matter either himself or entrust it to any learned Civil Judge for adjudication as per law .
4 With the above direction, this petition stands accepted and case remanded .