JUDGMENT

A.K. SIKRI, J.

Leave granted.

2) Question of law in both these appeals is identical. However, facts of the Civil appeal arising out of Special Leave Petition (Civil) No. 490 of 2012 are noted for discussion, as in this case, order dated October 19, 2012 has been passed referring the question of law to a larger Bench.

3) Before we advert to the question of law, we deem it appropriate to take stock of seminal facts as the said factual background would make it easier to understand the implication of the issue that arises for determination.

4) Respondent No.1 herein had filed original suit against the appellant on the file of the XXXI Additional City Civil Judge, Bangalore City. It was a money suit for recovery of Rs.1,00,76,630/-along with interest. The City Civil Judge, after trial, dismissed the suit as barred by limitation vide his judgment and decree dated November 11, 2005, even after finding on merits that money was payable by the appellant to respondent No.1. Against this, respondent No.1 preferred first appeal under Section 96 of the Code of Civil Procedure, 1908. This appeal was allowed by the High Court of Karnataka on November 12, 2008 by holding that the suit was