VIRENDRABHAI JIVRAJBHAI CHOTHANI Vs. BHANUBHAI RATNABHAI VEKARIA

JUDGEMENT

(1.) PETITIONS being SCA Nos.11503 and 11631 of 2009 challenge the orders dated 25/08/2009 passed below application Exh.20 and Exh.47 in Regular Civil Suit No.25 of 2008. Whereas, petitions being SCA No.11549 and 11632 of 2009 challenge the orders dated 25/08/2009 passed below application Exh.20 and Exh.48 in Regular Civil Suit No.26 of 2008. As the common questions of law arise out of these petitions, all these petitions are heard and decided together by this Court by common oral judgment.

(2.) THE petitioners have been impleaded as a defendant in Special Civil Suit No.25 of 2008 instituted before the Hon'ble Civil Court (SD) at Junagadh by the respondents ? org. plaintiffs praying for declaration that the land bearing Survey No.34 paiki, admeasuring Hector 0-74 Are ? 32 Sq. Mtrs., possession of which be given to the respondents plaintiff. Written statements were filed by the petitioners. THE petitioners made an application Exh.20 under the provisions of O.7 R.11(d) r/w Section 151 of CPC raising contentions that the suit is not within the period of limitation and is time barred and therefore mandatory requirement under the law is not fulfilled, suit requires to be rejected. 2.1 Whereas, on the other hand, the respondents-plaintiffs have filed an application below Exh.47 under O.6 R.17 of CPC praying for amendment in the suit, in paragraph 9 regarding the cause of action. THE said application came to be heavily opposed by the petitioners by contending that the Court below has materially erred in not entertaining the said application Exh.20 which was independently preferred and before deciding any other application the Court below has rejected the said application and simultaneously has allowed the application Exh.47 of the respondents-plaintiffs which was preferred on the same date i.e. on 25/08/2010. Lastly, he submitted that the order of the Court below allowing amendment in the suit may be dismissed, as well as the order of rejecting the prayer to dismiss the suit on the ground of limitation may be quashed and set aside.