Heard Mr. G.P. Bhowmik, learned Senior Counsel for the appellant in both the appeals and Ms. M. Hazarika, learned Senior Counsel for the respondents in both the appeals.

2. RSA No.98/2008 is preferred against the judgment and decree dated 21.01.2008 passed by the learned Civil Judge, Dibrugarh, in Title Appeal No.14/2005 dismissing the appeal and upholding the judgment and decree dated 07.03.2005 passed by the learned Civil Judge (Jr. Divn.) No.1, Dibrugarh, in Title Suit No.9/2002, whereby the suit of the plaintiff was dismissed.

3. RSA No.99/2008 is preferred against the judgment and decree dated 21.01.2008 passed by the learned Civil Judge, Dibrugarh, in Title Appeal No.15/2005 dismissing the appeal and upholding the judgment and decree dated 07.03.2005 passed by the learned Civil Judge (Jr. Divn.) No.1, Dibrugarh, in Title Suit No.39/2001, whereby the suit of the plaintiff was dismissed.

4. Both the second appeals were admitted to be heard by separate orders passed on 11.08.2008 on the following substantial question of law:-

“Whether a suit filed by the plaintiff can be dismissed as barred by limitation on the ground that no separate application had been filed praying for