Swatanter Kumar, C. J.

The present Appeal is directed against the order passed by the learned Single Judge in Notice of Motion No.2561 of 2007 dated 13th October, 2008 vide which the application filed by the Plaintiffs/Appellants under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as the said “Code”) has been dismissed. Necessary facts are that the Appellants filed the suit for damages for loss and destruction of certain antique pieces of furniture which were hired by the Defendants for the sets of a film under production. This resulted from the fire broke out in the Studio on 18th February, 2004 when shooting of the film was going on. It was averred in the plaint by the Plaintiffs/Appellants that the goods being in the nature of antique furniture had no market value and the value of which would appreciate by passage of time and though the furniture’s were on hire basis the Respondents were liable to make good the losses. The Respondents had even filed the claim with the Insurance Company admitting the value of furniture’s and in fact that was the admission of liability which was the basis of the Plaintiffs claim in the suit. This suit wa