BHAGIRATH BALDEVBHAI PATEL Vs. KANTABEN

JUDGEMENT

(1.) This Revision Application has been preferred by the petitioners, original defendants Nos.1 to 7 in Special Civil Suit No.837/2011 filed by the present respondents Nos.1 to 3, which is pending before the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural). The relief sought in the suit by the original plaintiffs is for declaration and permanent injunction in respect of the suit land.

(2.) Briefly stated, the facts of the case are that the petitioners have entered into an Agreement for Compromise/Settlement with the original plaintiffs during the pendency of the suit proceedings. As the original plaintiffs did not file an application for withdrawal of the suit even after entering into the compromise, the petitioners moved an application at Exhibit-30 under the provisions of Order-VII, Rule-11 of the Code of Civil Procedure, 1908 ( CPC , for short) for rejection of the plaint on the ground of compromise between the parties. Vide the impugned order dated 21.06.2013 passed by the Trial Court, the said application has been rejected on the sole ground that instead of filing an application under the provisions of Order-VII, Rule-11 read with Section-151 of CPC, the petitioners ought to have filed an application under the provisions of Order-XXIII.

(3.) Heard Mr.Mehul S. Shah, learned advocate for the petitioners and Mr.Prabhav A. Mehta, learned advocate for respondents Nos.1 to 3-original plaintiffs (Caveators herein) and perused the contents of the impugned order. Respondents Nos.6 to 7 are the original defendants Nos.8 to 11 and as their interest is the same as that of the present petitioners, there is no need to hear them in the present application.