M.M.Kumar, J.

1. This is plaintiff-appellants appeal filed under Section 100 of Code of Civil Procedure, 1908 (for brevity, the Code"), challenging the concurrent findings of facts recorded by both the Courts below holding that the suit filed by the plaintiff-appellant was barred by limitation and they were estopped from filing that suit. The argument that no issue on the aforementioned two findings concerning limitation and estoppel was framed, was rejected by both the courts below opining that the parties in their pleadings have specifically raised the pleas and have led evidence being fully alive to the aforementioned Issues. The views of the appellate Court on the question of limitation read as under:-

"12. Furthermore, it cannot be disputed that the defendants did not allege specifically that the suit was time barred. But even then the Court can adjudicate upon the same. The plaintiffs have challenged the decree passed in the years 1983 and 1985 in the year 1994 i.e. after about 11 and 09 years respectively. It was for them to show that how that suit was in time. They have nowhere alleged in the plaint how that suit was within time. They have only raised plea of cause