Learned counsel for defendants-petitioners submitted that plaintiff-respondent Jagmohan filed Civil Suit No.105 of 2015 in the Court of Civil Judge (Junior Division), Charkhari, Mahoba for cancellation of will deed dated 15.7.1981 executed by Sri Daya Ram in favour of defendants-petitioners, stating that they got knowledge of will deed in question in last week of September, 2015; that matter regarding will deed in question has been decided by Consolidation Courts on 17.6.2002 well within the knowledge of plaintiff-respondent and so the suit is barred by limitation; that defendants-petitioners filed their written statements and taken plea of suit being barred by time in para 12 of written statement dated 4.5.2006, upon which after framing of issues case was listed for evidence; that on 7.12.2018 petitioners moved an application under Order XIV Rule 2 read with Section 151 of C.P.C. for deciding issue no.6 regarding limitation as preliminary issue which was rejected by trial court vide order dated 9.1.2019 and revision filed by petitioners against the order was dismissed by District Judge vide order dated 25.1.2019; that since the suit is barred by time, the impugned orders are liable to be set-aside and trial court is required to be directed for disposal of issue no.6 as preliminary issue.
