JUDGMENT :

Heard Mr. P. P. Baruah, the learned counsel appearing on behalf of the Appellants. None has appeared on behalf of the Respondents.

2. This is an Appeal under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 07.07.2007 passed in Title Appeal No.06/2007 whereby the Appeal filed by the Appellants herein was dismissed by affirming the judgment and decree dated 04.12.2016 in Title Suit No.34/2006.

3. This Court vide an order dated 26.03.2008 had admitted the instant Appeal by formulating the following question of law:

“Whether on the basis of the proved facts the learned first appellate court erred in law in holding the suit to be within the period of limitation?”

4. The question therefore arises as to whether the said substantial question of law so formulated is involved in the instant appeal. From the said substantial question of law so formulated, it is seen that the question arises is as to whether the learned First Appellate Court erred in holding that the suit was within the period of limitation. This Court has duly taken note of the plaint wherein it has been mentioned that the Defendant Nos.1, 2, 3, 4 and 5 started to stay in t