Judgment

Dipak Misra, J.

Leave granted.

2. In this appeal by special leave the plaintiff-appellant has called in question the legal sustainability of the judgment and order passed by the Division Bench of the High Court of Judicature at Madras in OSA No. 229 of 2006 whereby it has affirmed the judgment dated 24.07.2003 passed by the learned single Judge in S.C. No. 673 of 1997 whereunder he, after framing of issues on the basis of prayer being made by the defendant, has dealt with the issue No. 1 as a preliminary issue and dismissed the suit.

3. The factual expose’ which arise for disposal of the present appeal are that the plaintiff instituted a suit for declaration seeking that the three settlement deeds dated 27.3.1978 executed by the former trustee in favour of his two daughters and a granddaughter as null and void, and for the relief of recovery of possession of the land to the trust.

4. The defendant filed the written statement resisting the claim of the plaintiff on many a ground and one of the grounds was that the suit was barred by limitation and, therefore, did not deserve any adjudication.

5. The learned single Judge framed the following issues for consideration: -

“(1) Whet