JUDGMENT

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Calcutta in CO. No. 1417 of 2017 by which the High Court has allowed the said petition and has quashed and set aside the order passed by the trial court refusing to reject the plaint in exercise of powers under Order VII Rule 11 of Code of Civil Procedure, 1908 (CPC) and consequently has rejected the plaint under Order VII Rule 11 CPC mainly on the ground that the suit is barred by limitation and that a suit for a declaration simpliciter under Section 53A of the Transfer of Property Act would not be maintainable as against the actual owner, the original plaintiffs have preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:-

2.1 That the respondents herein - original plaintiffs had instituted a Title Suit No. 166 of 2010 against the respondents herein (original defendants) in the Court of Civil Judge, Sr. Division, Sealdah. The plaintiffs in the suit prayed for the following reliefs:-

"a) For declaration of right, title interest in the suit property and for confirmation of plaintiff's possession as part performance of contr