JUDGMENT :

Abhay Manohar Sapre, J.

This appeal is filed against the final judgment and order dated 04.12.2006 passed by the High Court of Rajasthan at Jodhpur in S.B. Civil First Appeal No.52 of 1997 whereby the High Court allowed the appeal filed by the respondents (defendants) and set aside the judgment and decree dated 30.10.1996 passed by the Additional District Judge No.3 Jodhpur in Civil Suit No.135 of 1995 (146/1978) and dismissed the suit filed by the appellants (plaintiffs) as barred by time.

2. In order to appreciate the question involved in the appeal, it is necessary to set out few facts infra.

3. The appellants are the plaintiffs whereas the respondents are the defendants in a civil suit out of which this appeal arises.

4. The short question involved in this appeal is whether the High Court was justified in allowing the defendants’ first appeal and thereby dismissing the appellants’ (plaintiffs) suit as barred by time.

5. The appellants (plaintiffs) filed a civil suit against the respondents (defendants) in relation to the suit property, as detailed in Para 1 of the plaint, for claiming the reliefs mentioned in para 26(3) of the plaint which reads as under:

“26. Plaintiffs hu