RSA No.2373 of 1986 (O&M) Present: Mr. O.P. Nagpal, Advocate for the appellant. Ms. G.K. Hundal, Advocate for respondent No.11. Mr. Vijay Latt, Advocate for respondent No.5. **** It is not in dispute before this Court that issue No.3 was raised as a fact. Learned counsel are agreed that the learned Lower Appellate Court has not touched this issue at all while the learned Trial Court held it against the plaintiff-respondent. Counsel are agreed that this aspect has to be decided by the learned Lower Appellate Court. Consequently, this appeal is allowed. The judgment of the lower Courts is set aside to the extent that the question of limitation has not been decided. The matter is remanded back to the Lower Appellate Court for a decision on the issue No.3. Parties through counsels are directed to appear before the learned Lower Appellate Court on 27.01.2009. Appeal stands disposed off. December 10, 2008 (AJAY TEWARI) sonia JUDGE