LAWS(GJH)-2018-6-252

ABDUL AZIZ MISKIN VAYDA Vs. HANIFMUHAMMAD NIYAZMUHAMMAD SHAIKH

Decided On June 22, 2018
Abdul Aziz Miskin Vayda Appellant
V/S
Hanifmuhammad Niyazmuhammad Shaikh Respondents

JUDGEMENT

(1.) This petition has been filed by the original defendant Nos. 10 to 14 challenging the order dtd. 18/4/2015. By the aforesaid order, the petitioners application under Order 7 Rule 11 was rejected by the learned 2nd Additional Senior Civil Judge, Dahod.

(2.) The facts in brief are as under:

(3.) The petitioners, therefore, filed an application under Order 7 Rule 11 of the Code of Civil Procedure praying that the suit be dismissed. Essentially, it was the claim of the petitioners that the suit apparently appeared to be barred by law, and therefore, it should be dismissed under the provisions of Order 7 Rule 11(d). It was the case of the petitioners that the suit was hopelessly barred by limitation because it amounted to reversing of revenue entry of 1963-64.