JUDGMENT

Sulaiman, J. - This is a plaintiffs' appeal arising out of a suit for a declaration that the plaintiffs have a right to set up door-leaves or a gate in the eastern wall of an enclosure newly constructed and to build a house on the open space inside the enclosure. The suit is in substance to challenge the refusal of the Municipal Board of Gorakhpur to grant permission to build the constructions or to put door-leaves in an archway.

2. The suit has been dismissed by both the Courts below on the preliminary ground that it is barred under the provisions of Section 321 of Act No. 2 of 1916.

3. It appears that the plaintiffs applied to the Municipal Board for permission to build an enclosure round their land and to make certain constructions. They also wanted to have door-leaves set up in the entrance on the west side. A report was called for by the Building Sub-Committee which recommended the granting of the application partially. The Board however by its resolution refused to grant any sanction to build on the open space inside the enclosure and also granted permission to build the western wall provided an open entrance is left on that side. The plaintiffs appealed to the District