JUDGMENT :

Amit Borkar, J.

1. The following question of law has been referred by the learned Single Judge of this Court in the order dated 20 August 2013 for resolution by the Full Bench:

“Whether in exercise of power under Section 9-A of the Code of Civil Procedure, 1908 (for short ‘CPC’), the Trial Court is competent to frame an issue, disposing of the suit in part or the cause of action in part ?”

2. For the determination of the aforesaid question, it is unnecessary to state the history of litigation in detail however a brief reference to the facts noticed in the referral order dated 20 August 2013 would suffice.

3. In Regular Civil Suit No.45 of 2011, the plaintiffs claim relief of declaration that the sale deed dated 2 August 1965 be declared illegal and not binding upon the plaintiffs and defendant Nos.4 to 8 and to cancel the same. By way of prayer clause (b), relief of permanent injunction restraining defendant Nos.1 to 3 from illegally dispossessing the plaintiffs and defendant Nos.4 to 8 from the suit property was claimed.

4. On 3 May 2011, defendants Nos.1 to 3 filed an application to frame a preliminary issue of limitation. The Trial Court, by order dated 9 June 2011, framed