Present: Mr. O.P. Nagpal vs Ms. G.K. Hundal on 10 December, 2008

            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