JUDGMENT

S.N. Singh, J. - This petition under Article 226 of the Constitution arises out of a suit under Sec. 209 of the U.P. Zamindari Abolition and Land Reforms Act.

2. The plaintiff petitioner was a minor at the date of suit. He instituted the suit alleging himself to be the sirdar of the land in suit and asserted that the defendant was a trespasser.

3. The defendant contested the suit on the ground that the plaintiff was not the sirdar and that he himself was a sirdar and was in cultivatory possession since the year 1260 F.; hence the suit was barred by time.

4. The trial court accepted the plaintiff to be the sirdar of the plots now in dispute but having held that the suit was barred by time dismissed the suit. It held that See. 6 of the Indian Limitation Act not having been impleaded in the plaint the plaintiff was not entitled to the benefit thereof. This decision of the trial court was affirmed in appeal by the Commissioner as well as by the Board.

5. The only point raised in this petition by the learned counsel for the petitioner is that Sec. 6 of the Indian Limitation Act should have been applied in the circumstances of this case. Learned counsel has submitted that by virt