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2019 Supreme(SC) 1441

UDAY UMESH LALIT, R.SUBHASH REDDY
Shaukathussain Mohammed Patel – Appellant
Versus
Khatunben Mohmmedbhai Polara – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Somesh Chandra Jha, AOR, Mr. R.M. Jadhav, Advocate, Mr. Rahul Narang, Advocate, Mr. Anand Darshan, Advocate
For the Respondent:Mr. Aniruddha P. Mayee, AOR, Mr. A. Rajarajan, Advocate, Mr. Sanjeev Kr. Choudhary, Advocate

JUDGMENT :

1. Leave granted.

2. This appeal arises out of the final judgment and order dated 06.05.2019 passed by the High Court of Gujarat at Ahmedabad in Civil Revision Application No.354 of 2017.

3. The instant proceedings arise out of an application preferred by the respondent under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 which was initially rejected by the Trial Court but came to be allowed by the High Court in its revisional jurisdiction.

4. Special Civil Suit No.204/2016 was filed by the appellant in the Court of Principal Civil Judge, Surat submitting inter alia that by deception, a sale-deed came to be obtained on 21.03.2008 under which the appellant purportedly sold away his interest in Block 221 at Survey No.91 situated at Village Bhanodara, District Surat, Gujarat. Though the sale-deed was effected, the appellant continued to be in possession of the property. The relevant assertions as regards cause of action and limitation as pleaded in the Suit were as under:

    "10. The cause of suit: That, the defendant of this case has executed a sale deed No.5728 of the agriculture land occupied by the plaintiff on dated 21/03/2008, without the knowledge o

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