Thottathil B. Radhakrishnan, J.

1. This appeal is by the plaintiffs in a suit for declaration in relation to four documents executed by them. Those documents are dated 09.07.2007. They say that though styled as sale deeds, the impugned documents were actually security documents. The suit is filed seeking declaration and cancellation of those documents which stand with the nomenclature, “sale deeds”. The cause of action for the suit, as stated in the plaint, is relatable to a bundle of facts on 01.11.2011 and the suit is laid on 18.11.2011. The court below adjudicated on the issue of limitation as a preliminary issue and has held that the suit is barred and is beyond the period of limitation prescribed under Article 58 of the Schedule to the Limitation Act, 1963. That has resulted in the dismissal of the suit. Hence, this appeal.

2. The learned counsel for the appellants argued that the period of limitation prescribed under Article 58 is to run from the point of time when the right to sue first accrues and the question whether right to sue first accrues on the pleaded facts is not a pure question of law and could not, therefore, have been decided by the court below as a pre