B.N. KARIA, J.

1. Instant appeal is preferred by the appellant-original plaintiff invoking the provisions of Order 41 Rule 96 of the Code of Civil Procedure, 1908 ["the Code" for short], being aggrieved and dissatisfied with the judgment and order dated 30th September 2015 passed by the learned City Civil Court, Ahmedabad which upholds the Application moved under Order VII Rule 11 [d] of the Code on the ground that the suit was barred by limitation.

2. Brief facts giving rise to the present appeal are that as per averments made in the plaint, on 8th December 1988, ancestor of the respondents nos. 1/1 to 1/6 herein ie., late Shri Chimanbhai Jivabhai Patel had executed an Agreement to Sale with possession. Out of stipulated consideration of Rs. 4,50,000/-, a sum of Rs. 3,00,000/- has been paid by the appellant who took over possession of the suit property in terms of condition no. 2 of the agreement to sale. That, without there being any cancellation deed of the Agreement to Sale dated 8th December 1988 and even without knowledge of the appellant or even for that matter without the consent of the appellant, the heirs of deceased-Chimanbhai Jivabhai Patel [respondents Nos. 1/1 t