Chief Justice

This appeal is directed against the Judgment and order dated 11 October 2011 of the learned Single Judge of this Court dismissing the Notice of motion of the appellants herein (original defendant Nos.5 and 16) under Order VII Rule 11(d) of the Code of Civil Procedure, 1908.

2. For the sake of convenience the parties are referred to as per their status before the Trial Court. The group of plaintiffs is styled as “HD Shah Group”. Plaintiff No.5 is Hemant D. Shah (HUF) of which plaintiff No.1 Hemant D. Shah is the Karta, 2nd plaintiff is the wife of the first plaintiff and 3rd and 4th plaintiffs are sons of plaintiff Nos. 1 and 2.

3. The group of defendant nos.1 to 6 is styled as “CD Shah Group”. The first defendant C.D. Shah is the elder brother of first plaintiff, second original defendant was the wife of the first defendant. Defendant Nos. 3 and 5 are the sons of the original defendant Nos. 1 and 2. Defendant No.4 is the wife of defendant No.3. Defendant No. 6 is CD Shah (HUF) of which defendant No.1 is the Karta. Following chart will show how the defendant Nos. 7 to 12 are Association of Persons consisting of the aforesaid two groups.

4. Upon the death of or