ARVIND LIMITED Vs. MONABEN

JUDGEMENT

(1.) By way of this Civil Revision Application under Sec. 115 of the Code of Civil Procedure, 1908 (for short, "the C.P.C.), the applicant herein - original defendant No.2 has called in question the legality and propriety of the order dated 28 th December 2017 passed below Exhibit : 13 in Special Civil Suit No.42 of 2017 by the learned 4th Additional Senior Civil Judge, Gandhinagar, by which an application preferred by the applicant herein - original defendant No.2 under the provisions of Order VII Rule 11 (a) and (d) of the C.P.C. came to be rejected by the learned Trial Court.

(2.) The respondents Nos.1 and 2 herein - original plaintiffs preferred suit being Special Civil Suit No.42 of 2017 in the Court of the learned Civil Judge, Senior Division, Gandhinagar for the following reliefs:

(3.) Upon service of notice, the applicant herein - original defendant No.2 has preferred an application below Exhibit : 13 under the provisions of Order VII Rule 11 of the C.P.C., inter alia, requesting to reject the plaint.