BHARATBHAI NANABHAI HARIJAN Vs. MANGALSINGH SHYAMSINGH GIL

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'the Code') is at the instance of the original defendants and is directed against the judgment and order dated 28th July 2017 passed by the 12th Additional District Judge, Vadodara, in the Regular Appeal No.87 of 2016 arising from the judgment and decree passed by the 12th Additional Senior Civil Judge, Vadodara, dated 28th October 2016 in the Special Summary Suit No.40 of 2007 (converted to Regular Money Suit No.761 of 2016).

(2.) It appears from the materials on record that the respondent herein - original plaintiff filed a Special Summary Suit No.40 of 2007 in the court of the learned Additional Civil Judge, Vadodara, for recovery of money to the tune of Rs. 2,75,000.00. In view of the order dated 26th October 2016 passed by the 12th Additional Senior Civil Judge, Vadodara, the same came to be converted to Regular Money Suit No.761 of 2016. The appellants herein - original defendants appeared before the trial court and contested the suit by filing their written statement vide Exh.15. The trial court framed the following issues :

(3.) The issues framed by the court below came to be answered as under :