1. This is an appeal against the judgment and order dated 20.1.2006, passed by the Learned Single Judge of this Court. The Learned Single Judge has held that the question of limitation could be tried as a preliminary issue under Section 9A of the Code of Civil Procedure, 1908. The learned Single Judge did not allow the Appellants to claim the benefit of Section 14, Limitation Act, 1963 on the ground that the appellant had not proved the ‘institution’ of Suit No.6734/1994 at the Bombay City Civil Court to be "in good faith". The sequence of facts in the case are as follows:

i) On 17.03.1958, the Golwalas, who were the original lessees of the suit property, entered into an agreement with Respondent No.1 ,under which he was granted right of development of a portion of the suit property. These development rights were transferred in favour of his company, ie, Respondent No.2. Pursuant to the power of attorney executed in favour of Respondent No.1 by the Golwalas, Respondent No.1 and/or 2 completed the construction of the building ‘Advent’ and sold flats therein to various persons on ownership basis. In 1966, the flat