S.B. Sanyal, J. - This second-appeal is at the instance, of defendant no. 1 arising out of a suit for declaration that the Mokarari Heyati deed dated 25.8.47 (Exhibit 3) executed by the father of the plaintiffs in favour of Bibi Sahidan and the sale deed executed by Bibi Sahidan dated 26.7.50 (Exhibit B) in favour of defendant no. 1 are void. The plaintiffs further prayed for-declaration of title and recovery of possession of the said holding.

2. Two substantial questions of law were formulated at the time of the admission of the appeal and they are: whether the provisions of the Evacuee Property Act bar the suit and whether the JUDGMENT : of reversal is a proper JUDGMENT :.

3. Mr. Balbhadra Prasad Singh appearing for the appellant gave up the substantial questions of law framed and wanted this Court to formulate another substantial question of law, that is, whether the suit is barred under section 3 of the Limitation Act. Learned counsel contended that since it is a question of jurisdiction and this question having been gone into in the court below can be raised even though not formulated, earlier. According to learned counsel, the court below completely misdirected itsel