Asha Arora, J.

1. The instant revisional application is against an order dated 7th May, 2016 passed by the learned Judge, Small Causes Court, Sealdah in Title Suit No. 109 of 2000 renumbered as Title Suit No. 57 of 2014.

2. By the impugned order the Trial Court rejected an application filed by the defendant no. 3 for deciding the point of maintainability of the suit pursuant to the Order dated 8th February, 2016 passed by this Court in C.O. No. 4218 of 2015. By the aforesaid order the Trial Court was directed to decide the issue of maintainability on two points namely, whether the suit is barred by Order 2 Rule 2 of the Code of Civil Procedure (hereinafter referred to as the CPC) and whether it is ex facie barred by limitation. The Trial Court decided both the issues in favour of the plaintiffs and rejected the application filed by the defendant no. 3.

3. Aggrieved, the petitioner /defendant no. 3 has approached this Court.

4. Leading this Court through paragraph 12 of the previous suit being Title Suit No. 18 of 1999 and paragraph 6 of the present suit being Title Suit No. 109 of 2000 (renumbered as Title suit No. 57 of 2014), Mr Anindya Kumar Mitra, learned Senior Counsel a