JUDGMENT :

1. Before dealing with the arguments that were canvassed before me, I would have to mention that originally Notice of Motion 4507 of 2006 was filed by Defendant Nos. 1 and 2 for striking off the plaint under Order VI Rule 16 read with Section 151 of the Code of Civil Procedure (for short “the CPC”) and under Article 215 of the Constitution of India. Defendant Nos. 1 and 2 also sought an order rejecting the plaint as being barred by limitation and for dismissing the Suit as being not maintainable. This Notice of Motion was heard by a learned Single Judge of this Court (Shri S.J. Vazifdar, J.) and by order dated 26th February, 2008, after a detailed discussion, the learned Single Judge dismissed the said Notice of Motion. This order of the learned Single Judge dated 26th February, 2008 was subjected to an appeal being Appeal No. 509 of 2008. The Appeal Court passed the following order by consent of parties:-

(i) The learned trial Judge may try the issue of limitation and jurisdiction first as provided for under Order XIV Rule 2 of the C.P.C. The suit may be decided, as expeditiously as possible. No other interference is called for with the order in the appeal;

(ii) Appeal is