Code of Civil Procedure, 1908–Order 14, Rule 2 & Order 34, Rules 7 & 8–Suit for redemption of the mortgage–Trial Court framed the issue of limitation as preliminary issue and found that the suit was not in limitation–Nature of mortgage is yet to be decided–Thereafter, the ground of limitation would
arise–Issue of limitation is mixed question of law and facts in the instant case–Evidence of parties is required for deciding the issue–Impugned order set aside and matter remanded back for deciding afresh.
