P.K.BHASIN, J: This appeal has been filed under Section 96 of the Code of Civil Procedure, 1908 against the order dated 22/10/2008 passed by the Court of Additional District Judge, Delhi in Suit No. 619/06/05 filed by the appellants herein whereby their suit for declaration and permanent injunction was dismissed as time barred.

2. The relevant facts for the purpose of present appeal may first be noticed. The appellants (hereinafter to be referred to as ‘the plaintiffs’) claiming themselves as joint owners of certain pieces of land in village Burari and village Badarpur Majra(hereinafter to be referred to as the ‘suit property’) filed a suit for declaration and injunction against the respondents herein(who shall hereinafter be referred to as ‘the defendants’). It was claimed by the plaintiffs that the suit property belonged to Shri Chajju who was the uncle of plaintiffs no. 1 and 2(brother of their father late Shri Khacheru) and brother of the grand-father of plaintiffs no.3 to 7. Shri Chajju had inherited the suit property from his grand-father late Shri Ram Baksh. Shri Chajju was unmarried and he had died intestate. After the suit property was inherited by the