Kailash Gambhir, J.—

1. By this order, I propose to decide the preliminary issue no.1. By an order dated 13.08.2012, the following issues were framed:-

1) Whether the suit is barred limitation?

2) Whether the plaintiff is entitled to seek relief of specific performance of the agreement to sell dated 02.08.2006 ?

3) Whether the plaintiff is entitled to relief of mandatory injunction as prayed for?

4. whether the plaintiff is entitled to permanent injunction?

5. Whether the agreement to sell dated 2nd August, 2006 stood terminated and the amount forfeited by defendant No.1 on account of default in payment of the balance sale consideration amount by the plaintiff?

6. Whether the plaintiff has not properly valued the present suit for the purposes of the Court fees therein?

7. Relief.

Considering the fact that the issue no.1 concerns the very maintainability of the present suit, therefore, the same was directed to be treated as a preliminary issue.

3. Addressing arguments on the said preliminary issue, Mr. Ujjawal Jha, learned counsel appearing for the plaintiffs submitted that present suit filed by the plaintiffs is within the prescribed period of limitation as envisaged under Article