( 1 ) THESE two matters arise out of an order that came to be passed below Exh. 186 in Special Civil Suit No. 68 of 1980 on 18th January 1996 by the learned Civil judge (SD) Kutch at Bhuj. By the said order the plaint said Special Civil Suit No. 68 of 1980 came to be rejected under the provisions of Order VII, Rule 1 1 of the code of Civil Procedure, 1908.

( 2 ) THE said suit was filed by the appellant of First Appeal No. 835 of 1996. The appellants of the other appeal are defendants of the said suit and they are also joined as respondents in the said appeal filed by the original plaintiff. This being the position, both the appeals are taken up for hearing and disposal together treating First appeal No. 835 of 1996 to be the main matter. As a result, the position of the respective parties in respect of the said litigation will be referred to in the manner that appears in the said main appeal.

( 3 ) THE suit came to be filed on 26-12-1980 when father of the appellant-original plaintiff (hereinafter referred to as "the appellant") was very much alive. No. 2 happens to be the mother of the appellant, nos. 3 and 4 are his brothers, while Nos. 5 and 6 are sons of origin