SURESHBHAI KARANSINH MADAVAT Vs. RAMSINH PRATAPSINH KHANT

JUDGEMENT

(1.) PRESENT Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the applicants herein ­ original defendant Nos.6 and 7 to quash and set aside the impugned order dated 05.05.2012 passed by the learned trial Court ­ learned 3 rd Additional Senior Civil Judge, Vadodara below application Exh.49 in Special Suit No.342 of 2011, by which the learned trial Court has dismissed the said application submitted by the applicants herein ­ original defendant Nos.6 and 7 which was submitted to reject the plaint in exercise of powers under Order VII Rule 11(a) and (d) of the CPC.

(2.) FACTS leading to the present Civil Revision Application in nutshell are as under:

(3.) PRESENT Revision Application is opposed by Shri Suresh M. Shah, learned advocate appearing on behalf of the original plaintiff. It is submitted that in the facts and circumstances of the case, the learned Judge has not committed any error and/or illegality in dismissing the application Exh.49 and not rejecting the plaint in exercise of powers under Order VII Rule 11(a) and (d) of the CPC. It is further submitted that in the present case the learned Judge has rightly observed that in this case the actual date of starting point of limitation is not clear and therefore it is difficult, without taking any evidence, to decide that the suit is barred by law of limitation.