BHUPENDRABHAI HASMUKHBHAI DALWADI Vs. DECEASED SAVITRIBEN GANUMAL KRISHNANI

JUDGEMENT

(1.) Mr. Alpesh Dodiya, learned advocate appears for respondent nos. 2, 3 and 4 and waives service of notice of admission; whereas Mr. A.R. Majmudar, learned advocate appears for respondent no. 5 and waives service of notice of admission. No notice for admission is required to be issued on respondent nos. 6 and 7 since they have elected not to remain present before the Court inspite of the fact that they have been served with the notice for final disposal issued vide order dated 26/7/2010 by the Co-ordinate Bench of this Court, making it returnable on 11/8/2010.

(2.) Since the issue involved in this appeal runs into narrow compass i.e. interpretation of Order 7 Rule 11[a] of the Code of Civil Procedure [for short 'the Code'] and the notice has been issued for final disposal, with the consent of learned advocates appearing for the parties, instant appeal is taken up for final hearing at admission stage.

(3.) Challenge in this appeal filed under section 96 of the Code is to the correctness of the order/decree dated 7/5/2010 rendered in Special Civil Suit No. 175/2006 by the Ld. 8th Addl. Senior Civil Judge, Vadodara, by which the plaint in the suit filed by the appellants [for short the plaintiffs] has been rejected under Order 7 Rule 11[a] of the Code.