(1.) Heard learned Advocate Mr. Vilav Bhatia on behalf of the appellant and learned Advocate Mr. D.C. Sejpal on behalf of the respondent.
(2.) By way of this appeal, the appellant-original plaintiff seeks to challenge an order dtd. 17/8/2022 passed by the learned Principal Senior Civil Judge, Gondal, Rajkot below application Exh. 18 in Special Civil Suit No. 9 of 2020 rejecting the suit under provisions of Order 7 Rule 11(d) of the Code of Civil Procedure.
(3.) Facts relevant for deciding the appeal are as follows: