JADAVBHAI JERAMBHAI CHAVDA Vs. KOLI SAVSI AMRA

JUDGEMENT

(1.) This First Appeal under sec. 96 of Code of Civil Procedure takes exception to the order passed below Exh.10 by the learned Principal Senior Civil Judge, Gondal, by which, in exercise of power under Order 7 Rule 11 of CPC plaint of Special Civil Suit No.66 of 2017 has been rejected.

(2.) For convenience and brevity parties are referred to as per status before the learned Trial Court.

(3.) Process of the suit was served to other side. Defendant filed application Exh.10 under Order 7 Rule 11 for rejection of plaint. Learned Principal Senior Civil Judge, Gondal after hearing learned advocates for both the sides came to conclusion that suit is barred by principle of limitation as well as barred under sec. 39 of the Saurashtra Bharkali Abolition Act, 1951 (in short "the Act, 1951") and therefore, plaint came to be rejected.