LALJIBHAI BHUDARBHAI DESAI Vs. HARIBHAI JAIRAMBHAI

JUDGEMENT

(1.) Heard Mr. P.A. Mehd, learned advocate on record for the appellant and Mrs. Nisha M. Parikh, learned advocate on record for the respondent.

(2.) The present appeal is preferred at the instance of the original plaintiff being aggrieved and dissatisfied with the judgment and order dtd. 12/8/2024 passed by learned Principal Senior Civil Judge at Viramgam in Special Civil Suit No. 5 of 2022. By the said impugned judgment and order, the learned Judge has partly allowed the application preferred by the present respondent-original defendant no.2 under Order VII Rule 11(d) of the Code of Civil Procedure, 1908, at Exh.14, consequently, leading to the rejection of the plaint and dismissal of the suit.

(3.) The brief facts as can be gathered from the record of the present appeal, are summarized as under: