ATULBHAI MAGNAJI DUDHREJIA Vs. GHANSHYAMBHAI HIRJIBHAI

JUDGEMENT

(1.) By this application, the applicants have prayed for the following reliefs:

(2.) The subject matter of challenge in the First Appeal No.124 of 2014 was the judgement and order passed by the Principal Senior Civil Judge, Surendranagar dated 30th November 2013 below Exhibit : 45 in the Special Civil Suit No.30 of 2011, by which the Civil Judge rejected the plaint under the provisions of Order VII Rule 11(d) of the Code of Civil Procedure, 1908 [for short, 'the CPC'] on the ground that the suit instituted by the plaintiffs was time barred. By judgement and order dated 10th May 2019 passed by this Court, the First Appeal No.124 of 2014 came to be allowed. The operative part of the order reads thus:

(3.) It is the case of the applicants that during the pendency of the First Appeal No.124 of 2014, three of the legal heirs of Sadhu Magniramji Kashiramji had passed away. The three heirs are : (1) Atul Magniramji Dudhrejia (2) Anil Magniramji Dudhrejia and (3) Mrudulaben Magjiramji Dudhrejia. It is the case of the applicants that this Court proceeded to hear the First Appeal and disposed it of without the legal heirs of the aforesaid three persons being on record.