(1.) This first appeal under Sec. 96 of the Code of Civil Procedure, 1908 is at the instance of the original plaintiff being aggrieved and dissatisfied by the judgment and decree dtd. 23/1/2020 passed by the Second Additional Senior Civil Judge, Gandhinagar in the Special Civil Suit No.77 of 1990 below Ex.23. The Second Additional Senior Civil Judge rejected the plaint of the appellant herein under the provisions of Order 7 Rule 11(d) of the Code of Civil Procedure.
(2.) The operative portion of the judgment and decree dtd. 23/1/2020 is reproduced thus :-
(3.) The case put up by the plaintiff (appellant) may be summarized as under :-