MANU BABU PATEL Vs. PRAKASH MOHANLAL DESAI

JUDGEMENT

(1.) The Appellant has challenged the order dtd. 25/08/2021 whereby the learned Civil Judge, Senior Division, Daman has allowed the Application filed by Respondent No.5 (original defendant no.5) under Order VII Rule 11(d) of the Code of Civil Procedure (for short 'CPC' and rejected the plaint.

(2.) The plaint can be rejected under Order VII Rule 11(d) of CPC only on the basis of the averments in the plaint. It is therefore necessary to reproduce the averments in the plaint in order to determine whether the suit is barred by any law.

(3.) The Appellant and Respondent No.7 were the Plaintiffs and Respondent Nos.1 to 6 were the Defendants in the suit, and shall be hereinafter referred to as the Plaintiffs and Defendants respectively. The Plaintiffs claimed that their grand parents Gopal Chaggan and Kashiben Gopal were occupants of the property under Survey No.189 admeasuring 2250 sq. meters, Survey No.210/1 admeasuring 4200 sq. meters, Survey No.215 admeasuring 100 sq. meters and Survey No.216 admeasuring 31600 sq. meters. The said property shall be hereinafter referred to as 'the suit property'. The plaintiffs claim that they have their residential house in the suit property. The grand parents of the plaintiffs were in possession of the suit property as on 20/12/1961.