DASHRATHBHAI JIVABHAI PATEL Vs. PATEL AMBABEN

JUDGEMENT

(1.) Heard learned Advocate Mr. Dakshesh Mehta on behalf of the appellants.

(2.) By way of this appeal, the appellants have sought to challenge an order passed by the learned Principal Senior Civil Judge, Kalol, dtd. 30/9/2022, rejecting the plaint preferred by the present appellants in Special Civil Suit No.41 of 2017, under the provisions of Order 7 Rule 11(a) and (d) of the Code of Civil Procedure (for short "the CPC").

(3.) It appears that the appellants herein were the original plaintiffs in the Special Civil Suit 41 of 2017 preferred before the Court of Principal Civil Judge, Kalol, wherein the plaintiffs had inter alia prayed for declaration as regards land bearing Survey No. 776 Paiki, Survey No. 776/1 being Block No. 981 is of their ownership, more particularly received by the plaintiffs by way of inheritance, and a declaration against the defendants that they do not have any right, title or interest in the property in question is sought for; and it is also prayed to set aside a registered sale deed, whereby the suit property had been sold by the defendant Nos. 1 to 13 in favour of the defendant Nos. 13 and 14. It appears that upon summons being issued to the defendants, the defendants having appeared through their learned Advocate had submitted an application under Order 7 Rule 11 (a) and (d) of the CPC praying for rejection of the plaint. It would further appear that the learned Principal Senior Civil Judge vide the order impugned had allowed the application below Exh.28 preferred by the defendants and had rejected the plaint under Order 7 Rule 11 (a) and (d) of the CPC. The said order is sought to be assailed by way of the present appeal.