ORDER :

This Appeal is before us pursuant to a reference made by an Order dated 30th August, 2005. Reference was made for consideration of question whether an application under Order VII Rule 11(d) of the Code of Civil Procedure can be based on a plea of limitation. The question raised for consideration by this larger Bench is whether the words "barred by law" under Order VII Rule 11(d) would also include the law of limitation.

We have heard the parties. Both sides very fairly state that it is not the case of either side that as an absolute proposition an application under Order VII Rule 11(d) can never be based on the law of limitation.

Both sides state that the impugned Judgment is based on the facts of this particular case and the question whether or not an application under Order VII Rule 11(d) could be based on law of limitation was not raised and has not been dealt with. Both sides further state that the decision in this case will depend upon the facts of this case.

In our view, the question referred to this larger Bench is academic so far as this case is concerned. We, thus, see no reason to decide this question in this case. We, therefore, send the matter back to a 2-Judge Ben