--1-- C.M.P. No. 152 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 152 of 2025 ---- Baijanti Devi, aged about 53 years, w/o Late Domain Prasad, resident of village – Chainpur, PO – Chainpur, PS – Mandu, District – Ramgarh .... Petitioner -- Versus -- 1. Suraj Soren, aged about 30 years, s/o Late Domain Prasad, resident of village – Chainpur, PO – Chainpur, PS – Mandu, District – Ramgarh ….. Respondent/Plaintiff 2. Chanda Kumari, D/o Late Domain Prasad 3. Tara Kumari, D/o Late Domain Prasad All residents of village – Chainpur, PO – Chainpur, PS – Mandu, District – Ramgarh …. Proforma respondents/ O.P. No.2 ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Kaustav Roy, Advocate For the O.Ps :- ---- 04/11.02.2025 Heard learned counsel appearing for the petitioner. 2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 09.09.2024 passed by learned Principal District Judge, Ramgarh in Probate Case No.03 of 2021, whereby the petition filed under Order VII Rule 11 read with Section 151 of CPC was dismissed by the learned Court. 3. Learned counsel appearing for the petitioner submits that the said probate case was instituted under Section 276 of the Indian Succession Act, 1925 in relation to the alleged will executed by Late Domain Prasad on 14.12.2015 by the sole respondent in which on notice the petitioner has appeared and she has filed the petition --2-- C.M.P. No. 152 of 2025 under Order VII Rule 11 of the CPC raising the preliminary issue to the effect that the said probate case is barred by limitation, however, the learned Court has wrongly rejected the same. He submits in view of that the impugned order may kindly be set aside. 4. It is well settled that so far the limitation is concerned that is a mix question of fact and law and that can be decided on providing opportunity of both the sides to lead evidence on the issue in question and to avoid the multiplicity of the litigation it is also desirable that all the issues should be decided simultaneously and not separately. There is no illegality in the order of the learned Court, as such this petition is dismissed. (Sanjay Kumar Dwivedi, J.) Sangam/