ASHOKBHAI RAMCHARAN SHRIVASTAVA Vs. DHANIBEN MOHAMMEDBHAI CHAUHAN

JUDGEMENT

(1.) The present appeal is filed under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") by the appellant-original plaintiff, being aggrieved and dissatisfied with the judgment and order dtd. 8/11/2023 passed below Exh.69 by the learned 12th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara in Special Civil Suit No.202 of 2010. By the aforesaid judgment and order, the learned Civil Judge has allowed the application preferred by the original defendants-respondents herein under Order VII Rule 11 (a) and (d) of the Code, thereby rejecting the plaint.

(2.) The material facts, which are necessary for adjudication of the present appeal as pleaded by the original plaintiff in the plaint, are reproduced hereunder:

(3.) Having examined the facts of the case, it would be relevant to examine the different reliefs sought for by the original plaintiffappellant herein in the aforesaid civil suit. It transpires from the order that pending the aforesaid suit, the original owners-defendant nos.1 to 5 have sold the suit land by executing a registered sale deed dtd. 21/8/2019 in favour of the defendant no.7. The plaintiff was, therefore, constrained to move application for joining the defendant no.7 as party defendant and further amendment was also sought in the original prayer clause challenging the aforesaid sale deed. The plaintiff has approached the court of learned Civil Judge seeking following reliefs: