P.C.

1. What is challenged in these appeals is the order dated 28 February 2012 of the learned trial Judge of this Court, raising the following preliminary issue under Section 9A of the Code of Civil Procedure, 1908 as applicable in the State of Maharashtra:-

“Whether the suit has been filed within the period of limitation?

The learned Judge further directed that this issue will be rendered as preliminary issue in the suit and the evidence shall be recorded on Commission. The learned Judge further directed that the cost of the Commissioner shall be paid by 3 sets viz., the plaintiff, defendant No.1 and defendant Nos. 2 and 3 initially and the same shall be subject to further orders in the suit. The examination-in-chief shall be filed by way of affidavit.

2. The learned counsel for the appellants-plaintiffs submits that the question of limitation cannot be raised as a preliminary issue and that under Section 9A of C.P.C., only an issue as to jurisdiction of the Court can be raised as a preliminary issue. It is further submitted that the question of limitation may be raised as a preliminary issue only under Order 14 Rule 2 of C.P.C., but that can be done only after the