MANIBEN CHHAGANBHAI DABHI Vs. PATEL DURLABHJI LALJI RANGPARIYA

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the impugned order dated 31/5/2012 passed by the learned Additional Senior Civil Judge, Morbi below Ex.24 in Special Civil Suit No. 52 of 2012 by which the learned trial court has allowed the said application submitted by the original defendants and has rejected the plaint in exercise of the powers under Order 7 Rule 11 (a) and (d) of the Code of Civil Procedure, appellants, herein original plaintiffs have preferred the present First Appeal.

(2.) PRESENT appeal was heard at length by this Court and the learned counsel appearing on behalf of the respective parties made elaborate submissions and thereafter present appeal was adjourned to today so as to enable them to make statement whether they invite reasoned order or not and therefore, it was adjourned to today for dictation of the order.

(3.) DEVYESH Sejpal, learned advocate appearing on behalf of the appellants, under the instructions of his clients, has stated at the bar that the appellants herein ­ original plaintiffs shall submit an appropriate application for amendment before the learned trial court to delete that part of the prayer in terms of para 23(7) of the plaint by which it is prayed to declare that the power of attorney in question be cancelled. He has stated at the bar that as such the said prayer be treated as having been deleted and only formal order be passed by the learned trial court.