PRACHI MAHENDRABHAI PATEL Vs. LALJIBHAI NATHABHAI PATEL

JUDGEMENT

(1.) By way of present appeal under Sec. 96 read with Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), the appellant herein - original plaintiff No.1 has challenged the judgment and decree dtd. 5/4/2019 passed below application Exh.35 by the learned 5 th Additional Senior Civil Judge, Gandhinagar (hereinafter referred to as "trial Court") in Special Civil Suit No.166/2016 (hereinafter referred to as "the aforesaid suit") by which the learned trial Court has accepted the application Exh.35 filed in the aforesaid suit filed by the respondent Nos.7 and 8 herein - original defendant Nos.7 and 8 (hereinafter referred to as "original defendant Nos.7 and 8") under Order VII Rule 11 of the CPC and dismissing the suit on the ground that the suit has been filed beyond the prescribed period of limitation as provided under Articles 56, 58 and 59 of the Schedule to the Limitation Act , 1963 (hereinafter referred to as " Limitation Act ").

(2.) A caveat was filed by the original defendant Nos.7 and 8 way back in the year 2019. Thereafter, the matter has been listed time and again and it seems that no notice has been issued in the present First Appeal.

(3.) The Registry has received Record and Proceedings of Special Civil Suit No.166/2016 which have been perused by this Court.