DAHYABHAI MAVABHAI AHIR Vs. ABBASBHAI MOHSINBHAI HAJURI

JUDGEMENT

(1.) This is an appeal filed by the original plaintiffs under Sec. 96 of the Code of Civil Procedure, 1908, challenging the impugned judgment and order dtd. 25/9/2018 passed below Exh.1 by the learned 6th Additional Senior Judge, Surat in Special Civil Suit No.488 of 2010. By the said judgment and order, the learned Judge has dismissed the suit as being clearly barred by law in view of provision of Order 23 Rule 3 A r/w Sec. 11 of the Code.

(2.) In nutshell, the case of the original plaintiffs as pleaded in the plaint is reproduced herein under:

(3.) The present appeal was registered on 29/11/2019 after condoning the delay of 95 days by order dtd. 21/11/2109 passed by this Court in Civil Application No.2962 of 2019 in Filing First Appeal (F) No.10999 of 2019. The matter was though notified on the admission board, thereafter has not progressed so far. Today, when the matter was taken up for hearing, learned advocate Mr. Y. V. Vaghela has appeared on behalf of the appellants and Mr. Dhaval D Vyas, learned Senior Advocate has appeared on behalf of the respondent no.1- original defendant.