By this Notice of Motion, defendant no.7 seeks rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 and also seeks that the suit be summarily dismissed as not maintainable. Defendant no.7 also seeks in the alternative that the issue of limitation be framed and decided as a preliminary issue by this Court. Some of the relevant facts for the purpose of deciding this Notice of Motion are as under:-

2. Plaintiff claims to be one of the beneficiary under the Trust Deed dated 12th June, 1972 whereby a trust known as 'Ali Mohamed K. Porbanderwala Family Trust' was set up in respect of the land and building situated at Bandra. Defendant nos. 1 to 4 are the trustees of the said trust. Defendant no.5 is husband of defendant no.1. Defendant nos. 6 and 7 are children of defendant no. 1 and defendant no.5. Defendant no.7 claims to be one of the beneficiary under the said trust. It is the case of the plaintiff that in 1976 defendant nos. 1 and 2 in exercise of their power under the said trust deed and in collusion with defendant no.5 constructed a industrial estate on the portion of the trust property by the name of Amar Industrial Estate. Plaintiff was not