JUDGMENT :

(Goutam Bhaduri, J.) :

1. Challenge in this appeal is to the order dated 21-9-2022 passed by the Second Additional District Judge, Durg, in civil suit No.18-A/ 2020 whereby the suit filed by the appellants/plaintiffs has been dismissed by invoking power under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908 (for short ‘the CPC’) and has been non-suited.

2. (i) The facts of the case, as pleaded by the appellants/plaintiffs, in brief, are that the respondents are related to each other. Kanhaiyalal had three sons namely; Makhanlal, Bharatlal & Tirathlal. Makhanlal had six children i.e. three sons namely; Suryaprakash, Chandraprakash & Om Prakash and three daughters namely; Ratna Prabha, Shashi Prabha & Sneha Prabha. Respondent No.1 herein namely; Rishikesh Gupta is the son of Suryaprakash Gupta. For the sake of convenience, the genealogical tree of the descendants of Makhanlal, as impleaded in the cause title of civil suit No.7-A/2004 is as under :

(ii) As per the plaint averments, plaintiffs purchased the suit land bearing khasra No.995/11 and 995/12 (original part of khasra No.995/1) by sale deeds dated 4-12-1993, 4-12-1993. 30-12-1993 from Chandraprakash Gupta for h