RAMABHAI BHIMABHAI Vs. RAMJIBHAI KHODABHAI PARMAR

JUDGEMENT

(1.) The present Revision Application has been filed challenging the order passed on 4/1/2024 by Principal Senior Civil Judge, Jasdan below Exhibit-48 in Special Civil Suit No.03 of 2023 whereby the application under Order 7 Rule 11 of the Code of Civil Procedure has been rejected.

(2.) For the sake of convenience the parties are referred to as the plaintiff and defendant herein.

(3.) The brief facts in the present petition are that the plaintiff filed Civil Suit No.03 of 2023 before the Principal Senior Civil Judge, Jasdan for a declaration to declare that the father of the plaintiff has purchased the suit property by way of registered sale deed No.386 and also for a declaration that the plaintiffs are in possession of the suit property and also for a declaration that the father of the plaintiff became the owner of the suit property and after death of the father of the plaintiffs, the plaintiffs are the owner of the suit property. The defendant appeared in the said suit and filed application vide Exhibit-48 on the ground that the plaint is barred under Sec. 11 of the Gujarat Revenue Jurisdiction Act, and therefore, the plaint is required to be rejected. After going through the plaint and documents annexed with the plaint and arguments made by the parties, the trial Court by an order dtd. 4/1/2024 rejected the said application. Hence, the present Civil Revision Application.