1. Heard. Admit. Since the appeal is preferred against the judgment on preliminary issue, it is heard forthwith by consent of parties and also in terms of order of this Court dated 29th June 2017. As all the related documents are forming part of this appeal, there is no need to call for Record and Proceedings. This has also been conceded to by both the parties.

2. This appeal takes exception to the legality and correctness of the judgment on preliminary issue dated 15th April 2017 rendered in Special Civil Suit No. 39 of 2015 by the 7th Joint Civil Judge, Senior Division, Nagpur. By this judgment, suit of the appellant/plaintiff has been dismissed with costs of Rs. 5000/- by the trial Court on the ground that it is barred by limitation.

3. The appellant, claiming to have acquired a right in and title to the suit property bearing City Survey No. 2213/01, Municipal Corporation House No. 410 situated in Ward No. 65, Mohan Nagar, Nagpur, more particularly described in plaint paragraph no. 1, filed a suit against the respondents seeking declarations that the Will dated 4.3.1946 fore bade the beneficiary under the Will or anybody claiming through him to let out, sell or otherwise