SMITABEN BHADRESHBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Nirav Sanghvi on behalf of the appellants and learned Assistant Government Pleader Ms. Surbhi Bhati on behalf of the respondents no. 1 and 2.

(2.) Admit. Learned AGP waives service of notice of admission on behalf of the respondents no.1 and 2. Though there are two other respondents i.e respondents no. 3 and 4 as joined in First appeal, since it appears that in the suit there was no specific prayer made against the respondents and also considering the reasons for which this Court is taking up the present first appeal for final decision at this stage, this Court deems it appropriate not to issue any notice to the said respondents.

(3.) By way of the present appeal the appellants have called into question an order passed by the learned Principal Senior Civil Judge, and ACJM Kachchh at Bhuj dtd. 3/2/2023 in Special Civil Suit No. 190 of 2012 whereby the learned Civil Court had rejected the plaint under Order VII Rule 11 (a) and 11(d) of the Code of Civil Procedure ( for short 'C.P.C.)