JUDGMENT

1. Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel appearing for the rival parties.

2. The present writ petition challenges order dtd. 23/09/2016, passed by the Court of 6th Joint Civil Judge Junior Division, Nagpur, whereby an application filed by the respondent under Order 7 Rule 11 of the Code of Civil Procedure (CPC) was allowed and the plaint stood rejected. The petitioners had filed a suit for restoration of possession under Sec. 6 of the Specific Relief Act, 1963 and on the basis of the statements made in the plaint, it was found that the suit was filed beyond the period of limitation of six months.

3. Initially, the petitioners had filed revision application before this Court and when an objection regarding the tenability of the same was raised, it was converted into a first appeal. Due to change in pecuniary jurisdiction by way of amendment, the appeal stood transferred to the District Court. But, by order dtd. 10/02/2021, the said appeal was permitted to be withdrawn with liberty to avail appropriate remedy. It was thereafter, that the petitioners filed the present writ petition.

4. Upon notice being issued for final disposa