N. Kumar, J.

1. This is plaintiff's regular first appeal challenging the judgment and decree of the Trial Court, dismissing the suit of the plaintiff as barred by law of limitation, allowing the application filed by defendant 1 under Order 7, Rule 11(d) of the Civil Procedure Code, 1908 (for short hereinafter referred to as CPC). The plaintiff filed a suit for a declaration that the sale deed dated 29-6-1983 in respect of schedule property insofar as the plaintiffs undivided 1/17th right is concerned, is illegal, unenforceable, void ab initio, null and void and not binding on him and for a partition and separate possession of the schedule property into 13 shares, taking into consideration good and bad soil and allot one such share to the plaintiff.

2. The subject-matter of the suit is an immovable property situated at Kodialbail Village of Mangalore Taluk, within the limits of Mangalore City Corporation, bearing R.S. No. 385/1A, T.S. No. 218/1A measuring 1 acre 66 cents.

3. The case of the plaintiff is that the schedule property along with other properties originally belonged to Kodialguthu family, of which, plaintiff is a member. This is a 'bunt' family and is governed by 'Al