vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.189 OF 2008 APPEAL NO.189 OF 2008 APPEAL NO.189 OF 2008 IN SUIT NO.3649 OF 1990 Shree Krishna Woollen Mills Private Limited ... Appellant V/s. The Trustees of the Port of Bombay ... Respondent Mr.Nowshad Engineer a/w Mr.N.C. Parekh and Ms.Manisha Poladia for Appellant CORAM: S.B. MHASE & S.B. MHASE & S.B. MHASE & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: JULY 8, 2008 JULY 8, 2008 JULY 8, 2008 P.C.: P.C.: P.C.: . Heard. The suit has been dismissed being not tenable in view of section 120 of the Major Port Trusts Act, 1963 and relying upon the judgment in the case of 2005(4) SCC 613 2005(4) SCC 613 2005(4) SCC 613 (V.M. Salgaocar & Bros. v/s. Board of Trustees of Port of Mormugao & Anr.). We do not find any error in the findings recorded by the learned Single Judge. The learned Counsel for the appellant tried to invite our attention to the Order 14 Rule 2. No doubt Order 14 Rule 2 requires that all issues should be decided together. But there is an exception that the issue pertaining to the jurisdiction of the Court or a bar to the suit created by any law for the time being in force can be considered as a preliminary issue. : 2 : Therefore after recording the evidence when it is noticed by the Judge that the suit can be disposed of on the point of limitation, he has disposed it of. We refrain from entertaining the appeal. Appeal is rejected. (NISHITA MHATRE, J.) (S.B. MHASE, J.)