judgment

S.B. Sinha, J. —

1. Leave granted.

Appellant herein filed a suit against the respondents claiming, inter alia, for the following reliefs :

“(a)For declaration of plaintiffs title to the suit property;

(b)For consequential injunction, restraining the defendants, their men, agents, servants, etc. from in any manner interfering with the plaintiffs peaceful possession and enjoyment of the suit property.

(c)Alternatively, if for any reason this Honourable court comes to a conclusion that the plaintiff is out of possession, for recovery of vacant possession of the suit property;

(d)Directing the defendant to pay the cost of this suit.”

2.The said suit was filed in the year 2001. Cause of action of the said suit was said to have arisen in 1994 when the defendants allegedly trespassed over the suit property. Respondent on or about 8.8.2001 filed an application under Order VII Rule 11(d) of the Code of Civil Procedure praying for rejection of the plaint on the premise that the suit was barred by limitation, inter alia, stating :

2.I beg to submit that the Respondent/Plaintiff in the plaint paragraph 4 with respect to the question of limitation has averred that he had the knowledge of the mi