BHIKHALALBHAI HEMRAJBHAI SHAH Vs. VATSALABEN MAHENDRABHAI SHAH

JUDGEMENT

(1.) THE petitioner�original defendant seeks to challenge by way of this petition under Articled-227, the order passed by the 2nd Addl. Senior Civil Judge, Porbandar below Exh.6 dated 7/10/2006 in Regular Civil Suit No.347/2004 whereby the learned Addl. Senior Civil Judge rejected the application preferred by the petitioner herein �original defendant under Order-7 Rule- 11(d) of Civil Procedure Code for rejection of plaint.

(2.) FOR the sake of convenience the petitioner shall hereinafter be referred to as "original defendant" and the respondent shall be referred to as the "original plaintiff". The original plaintiff preferred Regular Civil Suit No.347/2004 for a declaration that the Gift Deed which is the subject matter of Suit be declared as illegal and obtained through fraud. It is the case of the original plaintiff that the defendant is one of his relatives and taking advantage of family relations, the defendant fraudulently obtained a Gift Deed dated 20/1/1974 in his favour with respect to an immovable property situated at Probandar.

(3.) HAVING heard the learned counsel for the respective parties and having gone through the materials on record, the only question that falls for my consideration in this petition is as to whether the court below committed any error in rejecting the application Exh.6 preferred by the defendant for rejection of plaint under the provision of Order-7 Rule-11(d) of the Civil Procedure Code.