Code of Civil Procedure, 1908–Order 7, Rule 11–Limitation Act, 1963–
Sec. 54–Rejection of suit as barred by limitation–Ground of plaintiff that the question of limitation was the mixed question of facts and law and trial Court was expected to frame the issue on this point–Defendant had filed the written statement and trial had also been commenced–Case of plaintiff that he instituted the suit within three years of giving the notice–Held, trial Court was required to frame the issue of limitation and decide the same on merits–Ordered accordingly.
