VARDAN INDUSTRIES Vs. SHAILESHKUMAR VANMALIDAS PATEL

JUDGEMENT

(1.) The present Civil Revision Application impugns judgment and order dtd. 22/2/2021 passed by learned Principal Senior Civil Judge, Dholka in Regular Civil Suit No.10 of 2016 whereby the learned Trial Judge has rejected the application under Order VII Rule XI of Civil Procedure Code, 1908 preferred by the applicants herein - original defendants.

(2.) Learned advocate Ms. Samata Patel for the applicants submits that the application under Order VII Rule XI was filed for rejection of the plaint. She submits that the issue of limitation was raised and the prayer was made to dismiss the suit in terms of the provisions of Order VII Rule XI (d). She further submits that despite taking note of the said prayer in paragraph 1 of the impugned order and also discussing the said issue in paragraph 7 of the impugned order, no specific finding has been recorded by the learned Trial Judge with respect to the said issue.

(3.) Learned advocate Mr. Hari Brahambhatt appearing on behalf of learned advocate. Mr. Dhaval Barot for the respondents - original plaintiffs submits that a perusal of the observations in paragraph 7 of the impugned order would reveal that the learned Trial Judge had adjudicated the issue of limitation and also held that the arguments on behalf of the plaintiffs lend support to the contention of the plaintiffs that the suit is within the limitation.