[2026:RJ-JP:16816] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6973/2026 1 Chittar S/o Balu, Aged About 75 Years, Business Agriculturist, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, District Tonk (Raj.). Deceased 1/1 Prahalad S/o Late Chhitar, Business Agriculturist, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, District Tonk (Raj.) Deceased 1/1/1 Surajmal S/o Late Prahlad, Aged About 44 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, District Tonk (Raj.). 1/1/2 Madanlal S/o Late Prahlad, Aged About 38 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, District Tonk (Raj.). 1/1/3 Shanti W/o Late Prahlad, Aged About 63 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, District Tonk (Raj.). 1/2 Pannalal S/o Late Chhitar, Aged About 58 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, District Tonk (Raj.). 1/3 Munnalal S/o Late Chhitar Late Prahlad, Aged About 48 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, District Tonk (Raj.). 1/4 Mansi D/o Late Chhitar W/o Narayan, Aged About 44 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, Present R/o Shivaji Colony, Newai, District Tonk (Raj.). 1/5 Gomdi D/o Late Chhitar W/o Prahlad, Aged About 56 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, Present R/o Shivad, Tehsil Shivad, District Sawaimadhopur (Raj.). 1/6 Sona D/o Late Chhitar W/o Ramkishan, Aged About 51 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, Present R/o Shivad, Tehsil Shivad, District Sawaimadhopur (Raj.). ----Petitioners Versus 1 Kajod S/o Late Gyarsa, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). [2026:RJ-JP:16816] (2 of 4) [CW-6973/2026] 2 Kailashi D/o Late Gyarsa, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 3 Chhoti Bewa Late Gyarsa, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 4 Deceased Bardhi D/o Gyarsa, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.) Deceased 4/1 Suresh S/o Laduram, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 4/2 Chhotu S/o Laduram, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 4/3 Mamta D/o Laduram, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 4/4 Beena D/o Laduram, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 5 Kani D/o Late Gyarsa, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 6 Kamla D/o Late Gyarsa, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 7 Moolya S/o Late Ratna, R/o Lakhawali Dhani, Ward No. 25, Town Newai, Tehsil Newai, District Tonk (Raj.). 8 Sushila D/o Late Prahlad W/o Babulal, Aged About 40 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, Present R/o Village Rampura, Tehsil Chaksu, District Jaipur (Raj.). 9 Seema D/o Late Prahlad W/o Rakesh, Aged About 36 Years, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, Present R/o Chaksu, Tehsil Chaksu, District Jaipur (Raj.). 10 Sita D/o Late Chhitar W/o Suvalal Late Prahlad, R/o Lakhawali Dhani, Town Newai, Tehsil Newai, Present R/o Chaksu, Tehsil Chaksu, District Jaipur (Raj.).deceased 10/1 Ratan Mother Seeta S/o Suvalal Major, R/o Moda Pada Chaksu, Tehsil Chaksu, District Jaipur (Raj.). 10/2 Raju Mother Seeta S/o Suvalal Major, R/o Moda Pada Chaksu, Tehsil Chaksu, District Jaipur (Raj.). 10/3 Ganesh Mother Seeta S/o Suvalal Major, R/o Moda Pada Chaksu, Tehsil Chaksu, District Jaipur (Raj.). 10/4 Aadaram Mother Seeta S/o Suvalal Major, R/o Moda Pada [2026:RJ-JP:16816] (3 of 4) [CW-6973/2026] Chaksu, Tehsil Chaksu, District Jaipur (Raj.). 10/5 Meera Mother Seeta D/o Suvalal Major, R/o Moda Pada Chaksu, Tehsil Chaksu, District Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. Saneep Jain with Mr. Amit sharma For Respondent(s) : Mr. Jitendra Mishra Mr. Deepak Kumar Jain HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 21/04/2026 1. The present writ petition has been filed assailing the order dated 03.11.2025, passed by the learned Additional Civil Judge- cum-Judicial Magistrate, Newai, in Civil Suit No. 159/2014 (38/2010), whereby the application of the respondents under Order 14 Rule 5 CPC has been allowed and an issue of limitation has been framed. 2. Learned counsel for the petitioners submits that there were no pleadings by the parties to the effect that the suit was time- barred. Therefore, it is contended that the issue of limitation could not have been framed. 3. Per contra, learned counsel for the respondents submits that even if there were no pleadings to the effect that the suit is time- barred, since limitation goes to the root of the jurisdiction of the learned trial Court, the Court is incumbent upon to decide the same, even in the absence of a specific issue, if an objection regarding jurisdiction is raised by the defendant. 4. Heard and perused the material available on record. [2026:RJ-JP:16816] (4 of 4) [CW-6973/2026] 5. This Court finds that, since there was no specific denial or allegation by the defendant to the effect that the suit is time- barred. Therefore, this Court deems it appropriate to quash and set aside the order dated 03.11.2025. 6. However, this Court is of the opinion that the issue of limitation is always a legal issue, and even if it has not been specifically raised, the Court is required to decide the question of limitation if, during the hearing, any party raises an objection. The same has to be decided by the Court on the basis of the material available before the trial Court. This is because the issue of limitation goes to the root of the jurisdiction of the learned trial Court. 7. Therefore, this Court deems it appropriate to direct the learned trial Court that, if any objection is raised by the defendant regarding the suit being time-barred, even in the absence of a framed issue, the Court shall decide the same based on the material available on record. 8. With the above observation, the present writ petition stands disposed of. 9. Pending application(s), if any, shall stand disposed of. (BIPIN GUPTA),J JUBIN /80