Court admitted suit which is barred?

MahendraKumar.H.Trivedi (Querist) 09 July 2018 This query is : Resolved
Sirs,
For the last time.
I am defendant
In a specific performance suit instituted by unregistered firm one of the issues framed by court reads
" WHETHER THE SUIT IS BARRED BY LAW ON ACCOUNT OF NON REGISTRATION OF PARTNERSHIP FIRM UNDER THE PARTNERSHIP ACT "
I have reproduced exact text.
It does not say defendants have to prove it.

Further. Rule 7 order 11 application prior to framing of the issues was rejected saying same will be decided during trial.
Should not court have decided on it before trial?
2005 suit and still no defendant evidence give.?!
Regards

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R.K Nanda (Expert) 09 July 2018
Court will pass judgement keeping in mind the time barred issue.

MahendraKumar.H.Trivedi (Querist) 09 July 2018
Sir
Issue reads
Barred by law?

Ms.Usha Kapoor (Expert) 10 July 2018
I agree with RK Nanda.

Dr J C Vashista (Expert) 10 July 2018
Get the issue of limitation be taken up to be decided as "preliminary issue".

Asgher Mahdi (Expert) 10 July 2018
Why cannot the same be questioned to your lawyer when you are contesting the case? OR would you like to check the knowledge of the forum members?

Ms.Usha Kapoor (Expert) 11 July 2018
Agree with Nanda and vashista.

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Court admitted suit which is barred?

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