Code of Civil Procedure, 1908 – Or.7, r.11 – Father of the appellant (original plaintiff) and his brother jointly purchased the land in question and executed registered gift deed dtd. 06.03.1981in favour of the appellant – Appellant instituted partition suit in 2001 against his brothers and others for partition of the joint Hindu family properties – Original plaintiff was joined as defendant no.10 in the 2001 suit – Original plaintiff filed Title Suit in 2003 against the appellant inter alia for declaration that the gift deed executed in favour of the appellant is sham – Appellant filed application u/Or.7r.11 for rejection of the plaint inter alia on the ground that the suit is barred by limitation – Rejected – Appellant filed revision application before the High Court – Dismissed – On appeal, held: It is not disputed that the gift deed, a registered gift deed was executed by the original plaintiff himself along with his brother – Till 2003, for approximately 22 years, neither the plaintiff nor his brother (who died on 15.12.2002) during his lifetime claimed at any point of time that the gift deed was showy deed of gift – It is the appellant who instituted the partition suit in the year 2001 against his brothers to which even the plaintiff was a party as defendant no.10 – Summon and the copy of the plaint in the said suit was served upon the plaintiff in 2001 itself – Despite the same, he instituted the present suit in the year 2003 – By clever drafting, the plaintiff tried to bring the suit within the period of limitation which, otherwise, was barred by limitation – Plaintiff never prayed to set aside the gift deed –Such a prayer was not asked cleverly – If such prayer would have been asked, in that case, the suit can be said to be clearly barred by limitation considering Art.59, Limitation Act and, therefore, only a declaration was sought to get out of the provisions of the Limitation Act – Judgment passed by the High Court and the trial Court set aside – Application by the appellant u/Or.7 r.11 of the CPC to reject the plaint, allowed – Limitation Act, 1963 – Art.59.