PATEL NARANBHAI KARMASIBHAI Vs. HARIJAN DAHYABHAI BHUDARBHAI

JUDGEMENT

(1.) By filing present Civil Revision Application under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for short), the applicants have challenge the order dtd. 6/8/2022 passed below application, Exh.15 by the learned Additional Senior Civil Judge, Tharad in Regular Civil Suit No.46 of 2019, whereby the application, Exh.15 preferred by the applicant under Order 7, Rule 11(d) of the CPC came to be rejected.

(2.) Heard learned advocate, Mr. Abhishek Jain for the applicants and learned advocate, Mr. H.J. Karathiya for the respondents.

(3.) Learned advocate submitted that the applicants herein are the original defendants in the suit preferred by the respondents herein, who are the original plaintiffs being Regular Civil Suit No.46/2019 before the court of learned Principal Civil Judge, Tharad inter alia praying for declaration as well as permanent injunction under Ss. 34 and 38 of the Specific Relief Act, wherein the notice was issued and in pursuance thereto, the applicants appeared through their advocate and filed an application under Order 7, Rule 11(a) and (d) of the CPC, however, the said application had not been entertained by the learned Judge concerned and being aggrieved by the said order, the present civil revision application has been preferred.