Section 42 of the Demarcation Act (IX of 1908), Article 120 suit for declaration of limitation, stated itself that 20 years ago it had asked the defendant to give him his land, but the defendant refused to do so. The plaintiff had no such claim after which he made the claim. In view of the defendant's acknowledgment of his denial of his title, 20 years was restricted to filing a declaration under Article 120 of the Limitation Act, 1908, which would allow the plaintiff to move against the statute of limitations. The right to action was terminated. The suit below was dismissed right before the institution of the courts, due to time restriction in the circumstances
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