EKRAM ALIAS MD EKRAMUL HAQUE Vs. SK JHAKSHA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners are defendants third parties in Title Suit No. 163. of 2003 which was filed by opposite party no. 1 for declaration of title and also for declaration that the entries in the survey Khatiyan in respect of the suit land in the name of defendant was illegal and not binding.

(3.) THE learned counsel for the petitioners submits that during the revisional survey originally the names of the defendants were recorded but under the proceeding of Section 106 of the Bihar Tenancy Act the names of the plaintiffs we recorded whereafter in revision under section 108. of the Act the defendants name was again recorded. The final publication was made on 18.11.1976 whereas the aforesaid suit was filed in May, 2003 after more than 26 years. Hence, according to him the suit against the entries in the revisional survey Khatiyan was clearly barred by law of limitation as the provisions of Article 58 of the Limitation Act, 1963 was applicable and such suit should have been filed within three years from the date of the final publication of the survey Khatiyan. Learned counsel for the petitioners further submits that under the provision of Section 3 of the Limitation Act it was the duty of the Court to decide the question of limitation as there was no occasion for continuing the suit unnecessarily for a long period when it can be decided and disposed of on the preliminary issue.