Limitation Act, 1963–Art. 59–Code of Civil Procedure, 1908–Sec. 100–Remand of matter by the High Court with the direction to frame the specific issue in regard to limitation–Justification–Concurrent findings of Courts below on the aspect of limitation–Plaintiffs had slept over for 17 years–It cannot be said that they were not aware about the proceedings of earlier suit–They did not choose to contest that suit and execution proceedings–High Court considered the additional substantial question of law without deciding the substantial question of law involved in the appeal–Though the Trial Court had not framed a specific issue on limitation, the same could very well fall under the broader issue–No prejudice was caused to the plaintiffs for not framing the issue as the Trial Court had taken up a question of limitation and decided the same–Impugned judgment passed by the High Court is liable to be set aside.
