(PER: HON’BLE MR. JUSTICE JAYANT BANERJI)
This plaintiffs’ appeal is filed seeking to set aside the
judgment and order dated 07.11.2012 passed by XXII
Additional City Civil Judge, Bengaluru in O.S.No.6732/2006
whereby, while deciding issue No.11 which is “Whether the suit
is barred by time?”, the trial Court observed that the suit is
barred by time and consequently the suit was dismissed.
2. It appears from the record that earlier, by means of
an order dated 22.09.2011, the trial Court had decided the
aforesaid issue No.11 holding that the suit is not barred by time
and answered issue No.11 in negative. The order dated
22.09.2011 was challenged in an appeal by the defendants
successfully before this Court and the matter was remanded to
the trial Court to decide the issue afresh. Thereafter, by the
impugned order dated 07.11.2012, it was held that the suit was
barred by time and the suit was accordingly dismissed.