1. - This appeal under Order 43, Rule 1 CPC has been preferred against the order dated 09.11.2009 passed by the trial court, whereby, the application filed by the respondent under Order 7, Rule 11 CPC has been allowed and the suit has been dismissed as barred by limitation.

2. A preliminary objection was raised by learned counsel for the respondent that appeal under Order 43, Rule 1 CPC was not maintainable against the said order dated 09.11.2009.

3. Learned counsel for the appellant has relied on a judgment of Hon'ble Andhra Pradesh High Court in the case of Ragam Yellaiah and Ors. v. Chinta Shankaraiah reported at 2004 (1) Civil Court Cases 549 (AP).

4. The said view taken by the learned Single Judge has been overruled by the Hon'ble Andhra Pradesh High Court vide its Full Bench judgment dated 11.04.2011 in the case of Molugu Ram Reddy and Ors. v. Molugu Vittal Reddy and Ors. inter alia holding that:-

"In the result for the above reasons, the reference is answered as follows. On the true construction of Sections 2(2), 2(9), 2(14) and Sections 96, 104 and 105 of the Code of Civil Procedure, the conclusion is irresistible that a judgment rejecting a plaint is "decree" and i