LEGAL HEIRS AND REPRESENTATIVES OF LATE CHANDRAKANTBHAI MAGANBHAI PATEL Vs. JITENDRABHAI TALSHIBHAI RAI

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 is at the instance of the original plaintiffs and is directed against the judgment and order dated 31st July 2017 passed by the 12th Additional District Judge, Vadodara in Regular Civil Appeal No.82 of 2016 arising from a judgment and decree dated 20th October 2016 passed by the 13th Additional Senior Civil Judge, Vadodara below Exhibit : 19 in Regular Civil Suit No.2075 of 2015.

(2.) It appears from the materials on record that the appellants - original plaintiffs instituted the Regular Civil Suit No.2075 of 2015 against the respondents herein - original defendants for declaration that they are the owners of the suit land bearing block No.49 of revenue survey No.40 situated at village : Kalali, District: Vadodara and are in exclusive possession of the same. The plaintiffs further prayed to declare a conditional mortgage deed dated 18th July 1963 said to have been executed by his mother in favour of the defendant No.1 as void. They prayed for redemption of mortgage by making payment of Rs. 3,500/ to the defendants.

(3.) It appears that the defendants preferred an application Exhibit : 19 under Order 7 Rule 11 (D) of the C.P.C. and prayed for rejection of the plaint on the ground that the suit was time barred. The Trial Court adjudicated Exhibit : 19 and allowed the same. The plaint came to be rejected on the ground that the suit was hopelessly time barred.