HURBANU Vs. MOHAMMADALI MOHAMMADHUSEN GANDHI

JUDGEMENT

(1.) Mr. N.V. Gandhi, learned advocate has instructions to appear on caveat for and on behalf of the respondent No.1. Registry to accept the Vakalatnama. 1. The present Civil Revision Application under Sec. 115 of the Code of Civil Procedure, 1908 is instituted challenging the order dtd. 22/8/2023 passed by the 5 th Additional Senior Civil Judge, Ahmedabad (Rural) at Mirzapur in Special Civil Suit No.181 of 2021 below application Exh. 33 whereby, the competent Court has rejected the application below Exh.33 preferred by the applicants herein by refusing to reject the plaint under Order VII Rule 11 on the ground that though, some of the co-owners of the land-in-question are not signatories to the alleged Deed of Understanding executed in favour of the respondent No.1, the respective shares of the co-owners and receipt of part consideration from the respondent No.1 cannot be decided in absence of leading of any evidence for the same and without considering the relevant provisions of law applicable to the facts of the plaint. Being aggrieved by the impugned order as referred above, the applicants herein are constrained to approach this Court by filing the present Civil Revision Application.

(2.) The brief facts leading to the filing of the present Civil Revision Application read thus:

(3.) Heard Mr. Mehul S. Shah, learned Senior Counsel with Mr. Vishal C. Mehta, learned advocate appearing for the applicants and Mr. N.V. Gandhi, learned advocate appearing on caveat for the respondent No.1.