IMPORTANT POINT
For deciding whether the suit is filed within time or not, the court is mainly required to see plaint allegations and how the plaintiff has pleaded the accrual of cause of action for filing the suit.

JUDGMENT :

Abhay Manohar Sapre, J.

This appeal is filed against the final judgment and order dated 04.12.2006 passed by the High Court of Rajasthan at Jodhpur in S.B. Civil First Appeal No.52 of 1997 whereby the High Court allowed the appeal filed by the respondents (defendants) and set aside the judgment and decree dated 30.10.1996 passed by the Additional District Judge No.3 Jodhpur in Civil Suit No.135 of 1995 (146/1978) and dismissed the suit filed by the appellants (plaintiffs) as barred by time.

2. In order to appreciate the question involved in the appeal, it is necessary to set out few facts infra.

3. The appellants are the plaintiffs whereas the respondents are the defendants in a civil suit out of which this appeal arises.

4. The short question involved in this appeal is whether the High Court was justified in allowing the defendants’ first appeal and thereby dismissing the appellants’ (plaintiffs) suit as barred by time.

5. 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:

“26. Plaintiffs humbly pray that:
1. 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. Oswal Singh Sabha, Jodhpur and defendants Sh. Kishan Singh does not have any kind of ownership rights over it.
2. Decree for permanent injunction be passed in favour of plaintiffs and against the defendants that defendants be restrained from making any kind of claim or from carrying out any kind of proceeding and interfering in the possession of disputed property forever.
3. Possession of above property be provided to the plaintiff from the receiver.
4. Cost of this suit be also provided to the plaintiffs from the defendants.
5. Other relief, which this Hon’ble Court may deem fit, be also provided to the plaintiffs.” (Emphasis supplied)

6. 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.

7. The Trial Court, by judgment/decree answered all the issues on facts and law including the issue of limitation in appellants’ favour and against the respondents and accordingly decreed the suit. It was held that the appellants are the owners of the suit property; they are entitled to claim possession of the suit property from the respondents; and lastly, the suit is within limitation.

8. The respondents (defendants) felt aggrieved and filed first appeal in the High Court of Rajasthan at Jodhpur. By impugned judgment, the Single Judge allowed the appeal and set aside the judgment and decree of the Trial Court and, in consequence, dismissed the suit only on the ground that the suit is barred by limitation. 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. In this view of the matter, the defendants’ appeal was allowed and the suit was dismissed as being barred by limitation having been filed beyond the period prescribed under the Limitation Act giving rise to filing of the present appeal by way of special leave in this Court by the plaintiffs.

9. Mr. S.K. Jain, learned senior counsel appeared for the appellants (plaintiffs). None appeared for the respondents though served.

10. Having heard the learned counsel for the appellants (plaintiffs) and on perusal of the record of the case, we are inclined to allow the appeal and set aside the impugned judgment only to the extent it decides that the suit was barred by limitation and,