1. Originally, there were two defendants to this suit. The original 1st Defendant, Navnitlal Ratanji Shah, died. The Plaintiff amended his plaint, and deleted Navnitlal as a defendant. The original 2nd Defendant is now the sole defendant to the suit. This Notice of Motion is by the 2nd Defendant. She has not yet amended the title to her Notice of Motion. She will do so, deleting the name of the original 1st Defendant, before 10th February 2017. The registry will not insist on re-verification. The full title to this order show the correct title in the suit with the name of the original 1st Defendant deleted.

2. On 24th November 2014, R.D. Dhanuka J. framed a preliminary issue under Section 9A of the Code of Civil Procedure 1908 (“CPC”). The issue was of limitation and it was raised specifically in paragraphs 13 to 16 of the Defendant’s Affidavit in Support of their Notice of Motion No. 1469 of 2014. Dhanuka J framed the following issues:

“(1) Whether any part of the relief is barred by limitation?

(2) What orders?”

3. The Plaintiff desired to lead evidence. The Court issue