Honble YADAV J.–The present writ petition is posted today for disposal of the application moved under Article 226(3) of the Constitution.

(2). Instead of disposing of the stay application in light of the application moved on behalf of respondent No.1 under Article 226 (3) of the Constitution, with the consent of learned counsel for both the parties I would like to decide the pre- sent writ petition itself on merits.

(3). The present writ petition is directed against the order dated 16.1.98 (Annex.1) passed by Rajasthan Civil Services Appellate Tribunal, Rajasthan Circuit Bench Jodhpur (respondent No.2). The order impugned dated 16.1.98 (Annex.1) has been challenged by the petitioners on the ground inter alia that the appeal pre- sented before respondent No.2 under Section 9 of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 (hereinafter referred to as the Act of 1976) was barred by limitation. According to learned counsel for the petitioner, if any appeal, application or suit is filed before a Court of law then whether the question of limitation is raised or not the Court of law is required to take notice of the question of limitation. He invited my atten

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