RSA 283/2010 BEFORE HON’BLE MR.JUSTICE P.K.MUSAHARY Heard Mr. N. Haque, learned counsel for appellants. The respondents instituted T.S. No. 101/2007 in the court of Munsiff No. 1, Barpeta for declaration of right, title, interest and partition in respect of the suit land. The learned Munsiff vide judgment and order dated 12.11.2009 d ecreed the suit with an order for partition. The respondents being aggrieved, f iled T.A. No. 1 of 2010 before the learned Civil Judge, Barpeta and the T..A was dismissed vide judgment and order dated 29.6.2010. Being , aggrieved by the afo resaid appellate order, the defendants have filed the present RSA. The learned trial Court framed as many as 6 issues. The Issue No. 3 rela tes to question of limitation which is the main issue in the aforesaid suit. I have gone through the judgment and order passed by the learned courts below. The aforesaid issue on limitation has not been discussed by both the courts below but they have came to conclusion that the suit was filed withi n the period of limitation. Since the issue on limitation goes to the root of the Title Suit, th e learned courts below should have considered the issue in details with reasonin g and in my considered view the aforesaid issue has not been determined as requi red under Order 41 Rule 31 CPC. Although certain substantial questions of law h as been raised in this RSA by the appellants ,I am of the considered view that before considering the aforesaid substantial questions of law, the aforesaid iss ue on limitation should be decided by the courts below by giving their reasons and in that view of the matter, the matter needs to be remanded to the learned appellate court below to decide the aforesaid issue. Mr. Haque , learned counsel for the appellants submits that he has no objection , if the matter is remande d for determination of the aforesaid issue on limitation. Accordingly, the impugned judgment and order dated 29.6.2010 passed by t he learned Civil Judge Barpeta in Titile Appeal No.1/2010 as well as the judgmen t and decree dated 12.11.2009 passed by the learned Munsiff No. 1, Barpeta in T itle Suit No. 101/2007 are hereby set aside and quashed. The matter is remanded to the learned lower ap pellate court i.e. Civil Judge, Barpeta for proper adjudication of the issue on limitation on the basis of evidence already recorded and the documents already e xhibited without further recording evidence. The learned Civil Judge shall dispo se of the Title Appeal No.1/2010 as expeditiously as possible within a period of 3 months from the date of receipt of the record. This appeal stands disposed of . Send down the LCR forthwith.