Code of Civil Procedure, 1998–Order 7, Rule 11–Transfer of Property Act, 1882–Sec. 53A–Rejection of plaint on the grounds that the suit is barred by the limitation and the suit for declaration simpliciter is against the true owner–Justification–High Court considered only the averments made in paragraph four of the plaint–It has not considered the entire plaint averments–it was avered that the plaintiffs are in possession of the suit property pursuant to the agreement and they developed the land–They are in continuous possession since last twelve years and they are paying the taxes to the Corporation–Issue of Sec. 53A was required to be considered at the stage of trial–High Court committed error in allowing the application under Order 7, Rule 11.
