Code of Civil Procedure, 1908–Order 14, Rule 2–Limitation Act, 1963–Art. 59–App-lication under Order 14, Rule 2–Dismissal of–Suit for reopening the decree passed in the earlier suit–Decree was passed in 1971 and suit was filed in the year 2001–Issue of limitation if taken as a mixed question of facts and law, cannot be taken as a preliminary issue–Fact of fraud can be proved if the other issues are decided on merits–Any kind of indulgence in the order would lead to multiplicity of proceedings–Interference declined, however, directed for expeditious trial.
