( 1 ) HEARD. The present appeal arises from an order dated 27th August, 1998 passed in Notice of Motion No. 2436 of 1996 [since reported in 1998 (3) Mh. L. J. 797} whereby the learned Single Judge has allowed the notice of motion and rejected under Order VII, Rule 11 (a) and (d) of the Code of Civil Procedure, 1908 the plaint filed by the appellant in Suit no. 2480 of 1996 on the ground that the suit is barred by law of limitation as well as that the plaint does not disclose cause of action.

( 2 ) PLACING reliance in the decisions in the matters of Gunwantbhai mulchand Shah and ors. vs. Anton Elis Farel and ors. , reported in JT 2006 (3) SC 212, State of Maharashtra vs. Pravin Jethalal Kamdar (Dead) By Lrs. , reported in (2000) 3 SCC 460, Achal Reddi vs. Ramakrishna Reddiar and ors. , reported in air 1990 SC 553 and Niranjan Amritlal vs. Manharlal Jivanlal Parikh, reported in AIR 1984 Gujarat 24, the learned advocate for the appellant submitted that the learned Single Judge erred in rejecting the plaint on the ground of bar of limitation as well as alleged absence of cause of action when in fact the plaint on the face of it discloses that the suit was ve