1. - This appeal under Section 96 C.P.C. is directed against the judgment and decree dated 1.2.2013 passed by the Additional District Judge No. 1, Bikaner, whereby, the suit filed by the appellant has been dismissed as barred by limitation.

2. The facts in brief may be noticed thus: the plaintiff filed the suit against defendant his nephew seeking cancellation of Will dated 31.3.1988 executed by Late Shri Raghunath, father of the plaintiff and grand-father of the defendant, claiming the same to be fraudulent on several grounds indicated in the plaint. It was alleged that there was no reason to execute the Will by excluding his ten natural heirs, the Will was executed on the date of his death, he was unconscious for about fortnight before his death, the relations between Late Shri Raghunath and Satya Narayan (father of the defendant) were not cordial etc.

3. A written statement was filed by the defendant, inter alia, contending that the agriculture land, which was bequeath by the said Will has been divided into plots and the same have already been sold, rest of the land has been acquired by RIICO and compensation has been paid to him, however, none of the transferees have bee