JUDGEMENT :

1 Heard.

2. Rule. Rule made returnable forthwith by consent of the parties.

3. The Defendants are challenging the order passed by the Trial Court rejecting the application under Order 7 Rule 11 to dismiss the suit of respondents No.1 and 2 on the ground of limitation under Order 7 Rule 11(d) of the Code of Civil Procedure.

4. The facts giving rise to the present application are as under :

Non-applicant No.1 filed Special Civil Suit No.1368/2010 for recovery of Rs.88,69,336/- along with interest. The relevant facts for adjudication of the issue involved in the present application, are as under :

5. According to averments in the plaint, as per the oral agreement, the Defendants were to pay profit from the sale of properties to Plaintiff No. 2. Defendant No. 1 had allegedly purchased said properties out of the Plaintiffs' funds. In January 2007, Plaintiffs got knowledge about sale deeds dated 15.04.2006 and 20.07.2006. On executing the aforesaid sale deed, Defendant No.1 was required to pay an amount claimed in the suit. Therefore, according to the applicants, in January 2007, the Plaintiffs had knowledge of sale deeds. Plaintiffs filed suit in November 2010, i.e. after three ye