VASUMATIBEN BHOGILAL BACHKANIWALA Vs. KAMLESHBHAI BHOGILAL BACHKANIWALA

JUDGEMENT

(1.) Heard Mr. Percy Kavina, learned senior advocate assisted by Mr. A.B. Munshi, learned advocate for the petitioners-original defendants no.1 and 2 and Mr.N.D. Nanavati, learned senior advocate assisted by Mr. P.M. Lakhani, learned advocate for the respondent-original plaintiff.

(2.) The present Civil Revision Application under section 115 of the Civil Procedure Code arises out of an order dated 28.10.2016 passed by the 14th Additional Senior Civil Judge, Surat below exhibit 17 in Special Civil Suit No.159 of 2016, whereby the application filed by the petitioners-original defendants no.1 and 2 under Order 7 Rule 11 of the Civil Procedure Code came to be rejected. The petitioners have also further prayed for rejection of the plaint by allowing the present revision application.

(3.) Following noteworthy facts emerge from the record of the revision -