The appellants plaintiffs filed a civil suit against the respondents defendants in relation to the suit property, as detailed in Para 1 of the plaint, for claiming the reliefs mentioned in para 26 3 of the plaint which reads as under Plaintiffs humbly pray that Decree for declaration of title be passed in favour of plaintiffs and against the defendants that property as described in Para No.1 of this suit belongs to Sh.
By impugned judgment, the Single Judge allowed the appeal and set aside the judgment and decree of the Trial Court and, in companysequence, dismissed the suit only on the ground that the suit is barred by limitation.
This action on the part of the defendants, according to the plaintiffs, cast cloud on the plaintiffs right, title and interest over the suit property and thus furnished a cause of action for claiming declaration of their ownership over the suit property and other companysequential reliefs against the defendants in relation to the suit property.
In other words, the High Court upheld all the factual findings of the Trial Court in appellants plaintiffs favour but reversed the finding on the issue of limitation and held that since the suit is hit by the period of limitation prescribed under the Indian Limitation Act, 1963, it is liable to be dismissed on the ground of limitation.
Emphasis supplied The respondents defendants filed the written statement and joined issues on facts and law by denying the material allegations made in the plaint.
The respondents, inter alia, also raised an objection that the suit is barred by limitation.
The respondents defendants felt aggrieved and filed first appeal in the High Court of Rajasthan at Jodhpur.
Oswal Singh Sabha, Jodhpur and defendants Sh.
P.C. before the City Magistrate, they were justified in filing a suit for declaration and possession.
