BHANUBEN CHANDUBHAI PATEL Vs. KALIDAS SHANKARBHAI PATEL

JUDGEMENT

(1.) The present appeal is filed by the original plaintiff - Bhanuben Chandubhai Patel, who is reported to have expired during the course of arguments of this appeal. The heirs and legal representatives of the deceased plaintiffs have been permitted to be brought on record by order dated 31 st July, 2024. The arguments were treated to be concluded. The learned advocates for the respective parties have placed on record their written submissions and the matter was reserved for orders.

(2.) The appellants being the heirs and legal representatives of the deceased plaintiff are aggrieved and dissatisfied by the judgment and decree dated 23 rd December, 2016 passed by the learned Principal Senior Civil Judge, Ahmedabad Rural at Mirzapur in Special Civil Suit no.607 of 2013 filed by the original plaintiff - deceased appellant seeking partition of ancestral property between her and few of the respondents who appears to be the legal heirs and representatives of her deceased brothers.

(3.) Pending the suit, an application for rejection of plaint was submitted by the original defendant nos.5 to 7 under Order-VII Rule-11(d) of the Code of Civil Procedure , 1908 (hereinafter referred to as 'the Code'), which was allowed by the aforesaid impugned order leading to dismissal of the aforesaid suit as being barred by law of limitation. Hence, this appeal.