PRAJAPATI KODARBHAI KACHRABHAI Vs. AANJANA VALABHAI MANABHAI

JUDGEMENT

(1.) Since the limited issue of rejection of plaint under O.7 R.11(d) of the Code of Civil Procedure 1908 (for short the CPC) is involved in the present Second Appeal, this Second appeal, with the consent of learned advocates appearing for the parties is taken up for final hearing.

(2.) This Second Appeal under Sec. 100 of the Code challenges the judgment and order dtd. 17/10/2023 passed in Regular Civil Appeal No.6 of 2022 by the learned Principal District Judge, Banaskantha at Palanpur reversing the judgment and decree dtd. 26/04/2018 passed below Exh.13 in Regular Civil Suit No.15 of 2017 by the learned Principal Civil Judge, Danta.

(3.) The facts needed to decide this appeal can be outlined as under: