S. BARMAN, J.

( 1 ) THE unsuccessful plaintiff in both the courts below is the appellant--in this second appeal,--from a confirming decision of the learned District Judge, Ganjam boudh, whereby he affirmed a decision of the learned Munsif of Berhampur, and dismissed the plaintiffs suit for partition of 2/5ths share of the suit properties (being the properties of defendants 2 to 9, 14 and 15), purchased by the plaintiff from an auction purchaser at court sale in execution of a mortgage decree, on the ground that the suit is barred by limitation, in the circumstances hereinafter stated.

( 2 ) THE facts,--few and simple,--are these; On April 23, 1940 defendant No. 1 had purchased the suit properties (being dwelling house (tiled) with lands appurtenant thereto) at Court auction sale in execution of a certain mortgage decree; on April 26, 1940 the sale was confirmed; on September 17, 1941 the sale certificate was issued; on April 20, 1943 delivery of possession is said to have been given to the purchaser in Dakhaldehani proceedings in the execution case arising out of the said mortgage decree. On April 16, 1955 the plaintiff purchased the suit property from the defendant 1, the auctio