(1.) Proposing the following questions as substantial questions of law, the unsuccessful plaintiff has filed the Second Appeal under Sec. 100 of Code of Civil Procedure, 1908 (for short 'CPC) assailing the concurrent findings arrived at by Courts below whereby the learned Trial Court in application filed under Order 7 Rule 11 of CPC by passing order below Exhibit-16 rejected the Regular Civil Suit No.39 of 2018 by judgment and order dtd. 19/7/2019 and learned Appellate Court in Regular Civil Appeal No.19 of 2019 has affirmed the judgment and decree passed by learned Trial Court vide judgment and decree dtd. 10/5/2024 :
(2.) The brief facts of the case are as under.
(3.) Heard learned advocate Mr.Nagarbhai Parmar appearing for the appellant.