IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1763 OF 2005 IN SUIT NO.1144 of 2000 UNION OF INDIA ... PLAINTIFFS VS. SURESH JAYANTILAL THANAWALA & Ors. DEFENDANTS Mr. B.A.Desai, Additional Solicitor General, with Mr. S.R.Rajguru for Plaintiffs. Mr. Manish Upadhay i/b. Purnanand &Co. for Defendants Nos. 1 & 2. Mr. D.G.Rangras for Defendant no.3. Mr. H.J.Thakkar, Senior Advocate, with Mr. V.N.Bodke i/b. Chitnis Vaity & Co. for Defendants Nos. 4 to 7, 9 & 10. CORAM: S.K.SHAH,J. CORAM: S.K.SHAH,J. CORAM: S.K.SHAH,J. DATE : 9th November, 2006. DATE : 9th November, 2006. DATE : 9th November, 2006. P.C. P.C. P.C. 1. This Notice of Motion is taken out praying for framing limitatiion as a preliminary issue for hearing and final disposal of the suit and trying that issue as a preliminary issue. The Written Statement is already filed. The issue of limitation is raised therein. This Motion was taken out as per the directions passed earlier by this Court by order dated 1.10.2003 in Notice of Motion No.1598 of 2002 in this suit. 2. Under the circumstances, the following preliminary issue is framed :- "Is the Suit barred by the Law of Limitation?" 3. So far as prayer (b) is concerned, the learned Counsel for the Defendants submits that this issue with regard to the limitation shall have to be considered in the light of the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908. 4. The learned Addl. Solicitor General for Plaintiffs, however, submits that there is no specific mention in this Notice of Motion that the preliminary issue be tried under Order VII Rule 11 of C.P.C. and, therefore, this preliminary issue cannot be decided under the said provisions. 5. The learned Counsel for the Defendants however, submits that in the earlier Notice of Motion No.1598 of 2002, there was a prayer for deciding the limitation point under Order VII Rule 11 of C.P.C. However, that Notice of Motion stood disposed of. Therefore, he seeks liberty to file another Notice of Motion specifically praying for deciding this issue under Order VII Rule 11 of C.P.C. 6. This Notice of Motion is, therefore, disposed of accordingly with liberty as prayed for. --- (S.K.SHAH,J.) (S.K.SHAH,J.) (S.K.SHAH,J.)