JUDGMENT :

1. The present Second Appeal is filed by the appellants – original plaintiffs under Section 100 of the Civil Procedure Code, 1908 (hereinafter referred to as “the C.P.C.”) by challenging the judgment and decree dated 18.08.2015 passed in Regular Civil Suit No.203 of 2015 by the learned Addl. Senior Civil Judge, Deesa as well as the judgment and order dated 10.02.2023 passed in Regular Civil Appeal No.21 of 2015 by the learned 6th Addl. District Judge, Deesa.

2. Heard Mr. S.P. Majmudar, the learned counsel with Mr. P.S. Datta, the learned counsel for the appellants.

3. The suggested substantial questions of law are as under:

A. Whether both the Hon'ble below have committed Courts substantial error of law in rejecting the plaint of the appellants in exercise of powers under Order VII Rule 11 of the Code of Civil Procedure Code, 1908?

B. Whether the learned Trial Court as well as the learned First Appellate Court have gravely and materially erred in Failing to Appreciate that limitation is a mixed question of law and fact and is to be decided only after evidence is adduced as held by the Hon'ble Supreme Court.

C. Whether the learned Trial Court has gravely and materially erred in