JUDGMENT :

The instant appeal has been preferred against the judgment and decree dated 17.05.2002 passed by the learned Civil Judge Senior Division No. 2, Silchar in Title Appeal No. 24/2000 whereby the appeal was dismissed and the judgment and decree dated 29.04.2000 of the Civil Judge Junior Division No. 1, Silchar in Title Suit No. 58/1996 was affirmed. The appellants are the legal heirs of the original defendant in the suit which was instituted for declaration of right and confirmation of possession over the suit land which was mentioned in Schedule-A of the plaint.

2. This appeal was admitted on 11.03.2003 on the following substantial questions of law:-

“i) Whether the suit praying for cancellation of the mutation of the appellants-defendants is barred by limitation?

ii) Whether the learned court below erred in inferring fraud in the mutation record Ext. 1 in the absence of full particulars there of as required under Order 6 Rule 4 CPC and without any proof thereof?”

3. I have heard Ms. R. Choudhury, learned counsel for the appellants whereas the respondents are represented by Shri P. K. Roy, learned Senior Counsel assisted by Shri S. K. Chakraborty, learned counsel.

4. The crux of