“…After hearing the learned counsel for
the petitioner and the respondents who
appeared in person, we are of the view
that the learned Civil Judge had already
framed issue No.2 to the effect that the
suit was within time and besides that
the learned Civil Judge also gave finding
that the question of limitation in the
case was a mixed question of law and
fact and thus the issue can only be
resolved after recording of evidence
touching the controversy. In our view,
no error had been committed either by
the learned Civil Judge or the High
Court while arriving at the aforesaid
finding and thus the learned Civil Judge
had rightly rejected the application
under Order VII rule 11 CPC and the
High Court also correctly upheld the
said order”
Used in Judgment of
Lahore High Court
Civil Original Suit (C.O.S)
1343554.643-12
2019 LHC 1410
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