LAWS(GJH)-2025-11-22

MAHEBUBBHAI SHABANBHAI LAKHANI Vs. NISHABEN FIROZBHAI BUDHWANI

Decided On November 10, 2025
Mahebubbhai Shabanbhai Lakhani Appellant
V/S
Nishaben Firozbhai Budhwani Respondents

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") challenges the judgment and decree passed by the learned 3rd Additional District & Sessions Judge, Bhavnagar at Talaja in RCA No.2 of 2023, which in turn confirms the order passed by the learned 2nd Additional Civil Judge, Talaja, District: Bhavnagar, below Exhibit-18 and consequently below Exhibit-1 in RCS No.223 of 2021, by which the plaint of the appellant came to be rejected under Order VII Rule 11(d) of "the Code" on the ground that the suit challenging the execution of the gift deed is hopelessly barred by the law of limitation.

(2.) For convenience, the parties are referred to their original status i.e. plaintiff and defendant.

(3.) The brief facts of the case leading to filing of Second Appeal are as under:-