SHARDABEN MOHANBHAI PATEL Vs. NARANBHAI BHIKABHAI PATEL

JUDGEMENT

(1.) This Second Appeal under Section-100 of the Code of Civil Procedure at the instance of the original plaintiffs and is directed against the order dated 05/07/2017 passed by the 10th Additional District Judge, Vadodara upon an application filed by the appellants herein for condonation of delay in preferring the application under Order 41 Rule 19 of the Code of the Civil Procedure for the purpose of re-admitting the First Appeal, which came to be dismissed for default.

(2.) Mr. Jigar Raval, the learned counsel appearing for the respondents - original defendants has raised a preliminary contention with regard to the maintainability of this second appeal under Section-100 of the CPC. As the preliminary issue has been raised by the learned counsel appearing for the respondents as regards the maintainability of this second appeal and the issue goes to the root of the matter, I propose to take it up first.

(3.) The facts giving rise to this Second Appeal may be summarized as under:-