ORAL JUDGMENT :- Rule.

2. Rule is made returnable forthwith by consent of parties. Service on respondent No.2 is dispensed with.

3. Respondent No.1 herein filed a suit titled as :-

(quoted from page 8 of the Paper-book of Writ Petition).

4. The defendant No.1 - present petitioner did not file Written Statement, however, filed application (Exh.23) with following pleas and prayers :-

"1) The suit is filed by the plaintiff for removal of encroachment over suit field and thereafter for possession in favour of plaintiff. The suit property is an agricultural land described in the plaint.

2) .... The suit is therefore squarely covered under Article 137 of the Limitation Act, which provides three years limitation which commenced when the right to apply accrues in the present suit, right to apply as alleged in para 5 of suit arose on 19-7-1999 while the suit is filed on 2510-2002 which is apparently beyond the period of three years as provided under Article 137 of the Limitation Act. The suit is barred by law, as such this Hon'ble Court had no jurisdiction to adjudicate upon the same.

3) The plaintiff in the present suit has sought decree for removal of encroachment and possession of suit p

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