HIRJIBHAI JIVANBHAI Vs. SADHU MAGNIRAMJI KASHIRAMJI

JUDGEMENT

(1.) This First Appeal under Section-?96 of the Code of the Civil Procedure, 1908 [for short 'The C.P.C.'] is at the instance of the original plaintiffs and is directed against the judgment and decree passed by the Principal Senior Civil Judge, Surendranagar dated 30th November, 2013 below Exh.44 in the Special Civil Suit No.30 of 2011, by which, the learned Civil Judge rejected the plaint under Order VII Rule 11(d) of the C.P.C. on the ground that the suit preferred by the plaintiffs is time barred.

(2.) As this First Appeal arises from an order passed by the Civil Court rejecting the plaint, I deem it appropriate to incorporate the true English Translation of the plaint of the Special Civil Suit No.30 of 2011.

(3.) Thus, it appears from the pleadings in the plaint referred to above that the subject matter of dispute between the parties is with respect to the land bearing revenue survey no.220 [old revenue survey no.273] situated in the sim of village Ratanpar, Taluka-?Wadhwan, District-? Surendranagar. It is the case of the plaintiffs that they are the lawful owners of the suit-?land and are in possession of the same. According to the plaintiffs, the land in question is agricultural and they are cultivating the land and earning their livelihood from the income derived from such agricultural operations. According to the plaintiffs, inadvertently in the revenue records, the name of Government came to be mutated as the owner of the land.