( 1 ) THE appellants are assailing the judgment and decree passed by Ist Addl. District Judge, Ratlam in the matter of Civil Appeal No. 6-A/79.

( 2 ) SHRI Amarsingh learned counsel appearing for the appellants submitted that the learned Ist Appellate Court committed the error of law when the matter was revolving on two points : (I) That the appellants were in adverse possession of suit land even as per averments made by Shankerlal Bhat before Sub-Divisional-Officer, Alot. When he averred that he was dispossessed from 28-6-49. (ii) For the purpose of getting the exclusion of period of limitation, Shankerlal Bhat was not prosecuting the cause in the Court which did not have the jurisdiction, and also he did not prove that he was prosecuting the said cause diligently.

( 3 ) FOR substantiating his contention Shri Amarsingh submitted that it is not necessary for the appellants to make out the special pleadings of adverse possession. They were entitled to make such a case from the averments made by Shankerlal Bhat in an application which was submitted before the S. D. O. , Alot and in the plaint. So far as second point is concerned, he submitted that as Shankerlal Bhat di