from the suit premises, for which he was prosecuted for offence punishable under Section 426 of the IPC on 9.10.1982 and he was sentenced till rising of the Court. Other defendants were also sentenced, but in appeal they were acquitted. Now the present Civil Suit No.2A/86 was instituted by the original plaintiff, who died during pendency of the trial and his legal representatives were brought on record, stating inter-alia that he is owner and title-holder of the suit land and he has been dispossessed forcibly by the defendants, as such, he is entitled for decree of possession, which the trial Court granted holding him to be title-holder and he has been dispossessed forcibly and the suit is within limitation. Feeling aggrieved and dissatisfied with the judgment and decree of the trial Court, both the parties preferred first appeal. The first appellate Court disposed of both the appeals by common order, by which the plaintiffs' first appeal was dismissed, however, the defendants first appeal was allowed dismissing the suit holding that the suit is barred by Article 64 of the Limitation Act, 1963 (hereinafter called as “the Act of 1963”). Questioning the judgment and decree of the first appellate Court, this second appeal under Section 100 of the CPC has been filed by the appellants/plaintiffs, in which substantial question of law has been framed by this Court, which has been setout in the opening paragraph of this judgment.
