BHIKHUJI KANUJI MAHIDA Vs. MAHENDRAKUMAR BHIKHABHAI JOSHI

JUDGEMENT

(1.) This appeal is preferred by the appellants-original plaintiffs seeking to invoke provisions of Order 41, Rule 96 of the Code of Civil Procedure, 1908 ["the Code" for short], being aggrieved and dissatisfied with the judgment and order dated 12th October 2017 passed by the learned Principal Civil Judge, Ahmedabad [Rural] by which the learned Judge has allowed the said application Exh. 16 under Order 7, Rule 11[d] of the Code, the original plaintiffs have preferred the present appeal.

(2.) Brief facts giving rise to the present appeal are that the appellants instituted a Special Civil Suit No. 14 of 2015 in the Court of Principal Senior Civil Judge, Ahmedabad [Rural] inter alia praying for cancellation of sale deeds dated 6th June 2009; 28th September 2012 and the confirmation deed dated 8th October 2013, mainly on the ground of fraud and misrepresentation. The said fact came to the knowledge of the appellants only in the month of October 2012 when a copy of revenue record was obtained from the revenue authorities. According to the appellants, the cause of action had arisen on 26th December 2014 when the appellants were threatened to be disposed forcibly by the respondent no. 2 and their associates, and hence, a suit came to be filed on 6th January 2015.

(3.) Heard learned advocate Shri Vikram J Thakore appearing for the appellants-original plaintiffs. Shri D.K Puj, learned advocate for the Caveator-original Defendants.