JUDGMENT

Lancelot Sanderson, C.J. - This is an appeal from the judgment of my learned brother Mr. Justice Buckland, whereby he dismissed the suit, on the ground that it had been brought out of time. There was no investigation of facts. The case was decided upon the facts which were stated in the plaint. Having regard to those facts stated in the plaint the learned Judge came to the conclusion that the suit was barred under Article 95 of the Indian limitation Act, holding that the suit was a suit for relief on the ground of fraud. It is, therefore, necessary to refer to the plaint to ascertain the facts which were therein relied upon. It was alleged that one Nanda Kissore Gangooly died on the 2nd of June 1892; that by his Will he devised to his widow Ranganmoni Debi certain premises Nos. 27-1 and 27-2, Soorti Bagan Lane, and a life-interest in certain other premises, No. 3, Soorti Bagan Lane, and that by the Will lie left the latter property, No. 3, Soorti Bagan Lane, to his nephew Kanai Lal Chuckerbutty after the termination of the widow's life-interest. The original plaintiffs in this case were Ranganmoni Debi (the widow) and Sarat Chandra Gupta, and the original defendant was Kana