CAV ORDER

1) This second appeal was admitted for hearing vide order dated 4.2.2015 on the following substantial question of law:

“Whether in view of the prayer made to declare the order passed in Revenue Case No.13-A-6/2005-06 on 2.8.2006, when the suit was filed on 19.10.2010 whether such suit is barred under Article 58 of the Limitation Act?”

2) Defendant No.1 has challenged the judgment and decree passed by the learned Additional District Judge, Bemetara, District Bemetara, Chhattisgarh, in Civil Appeal No. 33A of 2011 dated 12.3.2014 whereby the civil appeal filed by defendant No.1 was dismissed and the judgment and decree passed by the learned trial Court was affirmed.

3) The plaintiffs instituted a suit for declaration of title and possession over lands bearing Survey Nos. 358/2, 309/3, 542 & 692/2, admeasuring 0.15, 0.09, 0.07 & 0.04, a total of 0.35 hectares situated at Village Lolesara, Tehsil and Police Station Saja, District Durg, Chhattisgarh.

4) Initially, the suit property was recorded in the name of the late Chamru, who was the husband of plaintiff No.1 – Gangotri Bai and father of other plaintiffs. Defendant No.1 is the real brother of the late Chamru. After the death of