MOHAMMAD ALI SARAF ALI Vs. JASABHAI LAKHABHAI BHARWAD

JUDGEMENT

(1.) The present revision application has been filed by original defendant Nos. 18 to 21. They are aggrieved by the order dated 15.12.2014 passed by the learned 3rd Additional Civil Judge (SD) Amreli by which, their application Exh.52 under Order 7 Rule 11 of the Code of Civil Procedure, 1908, came to be rejected.

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

(3.) The learned Trial Judge by his order dated 15.12.2014 after considering the application and the arguments of the learned advocates, rejected the application. The learned Judge observed that, when the suit had multiple prayers and if some of the prayers could not be granted and if the others were possible to be entertained, it was not possible to reject the plaint under the provisions of Order 7 Rule 11(d) of the Code of Civil Procedure. The Court observed that assuming for the sake of argument that the prayers in clause 19(1) and 19(2) may not be granted, however, clause 19(3) prayer was a prayer which gave rise to civil dispute, and therefore, the suit cannot be dismissed as prayed for. The plaintiff had prayed for protection of possession of his lands and therefore, looking to the cause of action as made out in paragraph 16 of the plaint, it was clear that the suit cannot be dismissed.