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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R. SHAH, J.
KANJIBHAI BHAGWANJIBHAI PATEL - Applicant(s)
Versus
NANDUBEN SHAMJIBHAI SORATHIYA THROUGH POA DHARMESH P TRIVEDI & 7 - Opponent(s)
CIVIL REVISION APPLICATION No. 57 of 2012 To CIVIL REVISION APPLICATION No. 66 of 2012
Decided on : 30/04/2012
Civil Procedure Code, 1908 - Order 7 - Rule 11 - Limitation Act, 1963 - Section 17 - Article 56 - Challenging impugned order passed by trial court - learned 2nd Additional Senior Civil Judge in Regular Civil Suit by which trial court dismissed said application submitted by petitioner herein - original defendant No.1 to reject plaint in exercise of powers under Order 7 Rule 11(d) of Code on ground that suit is barred by law of limitation - Alleging that defendant No.1 - original accused No.1 in said complaint has forged and concocted power of attorney by forging signature of complainants - original plaintiffs herein - Still original plaintiffs choose not to file suit for declaration and permanent injunction and/or for reliefs which are now prayed in present suits - Held, present suits preferred after period of two years, which shows conduct on part of original plaintiffs - When respective plaintiffs had knowledge with respect to transaction in year 1999 and even in the year 2004, when RTS Appeals were preferred challenging the Mutation Entries in favour of defendants and even with respect to alleged forgery in year 2004 when plaintiffs filed private complaints respective suits are clearly barred by law of limitation - Trial court materially erred in rejecting applications submitted by respective petitioner - original defendant No.1 and not rejecting plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure - On ground that suit is barred by law of limitation quashed and set aside - Plaints/Regular Civil Suits rejected - Revisions allowed -
1.00. As common question of law and facts arise in this group of revision applications and are between the same parties, all these revision applications are decided and disposed of by this common judgment and order.
2.00. Civil Revision Application No. 57 of 2012 has been preferred by the petitioner herein – original defendant No.1 challenging the impugned order passed by the learned trial court – learned 2nd Additional Senior Civil Judge, Rajkot below Ex.20 in Regular Civil Suit No.305 of 2010 dtd.29/12/2011, by which the learned trial court has dismissed the said application submitted by the petitioner herein – original defendant No.1 to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that the suit is barred by law of limitation.
2.01. Civil Revision Application No. 58 of 2012 has been preferred by the petitioner herein – original defendant No.1 challenging the impugned order passed by the learned trial court – learned 2nd Additional Senior Civil Judge, Rajkot below Ex.20 in Regular Civil Suit No.307 of 2010 dtd.29/12/2011, by which the learned trial court has dismissed the said application submitted by the petitioner herein – original defendant No.1 to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that the suit is barred by law of limitation.
2.02. Civil Revision Application No. 59 of 2012 has been preferred by the petitioner herein – original defendant No.1 challenging the impugned order passed by the learned trial court – learned 2nd Additional Senior Civil Judge, Rajkot below Ex.20 in Regular Civil Suit No.308 of 2010 dtd.29/12/2011, by which the learned trial court has dismissed the said application submitted by the petitioner herein – original defendant No.1 to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that the suit is barred by law of limitation.
2.03. Civil Revision Application No. 60 of 2012 has been preferred by the petitioner herein – original defendant No.1 challenging the impugned order passed by the learned trial court – learned 2nd Additional Senior Civil Judge, Rajkot below Ex.20 in Regular Civil Suit No.310 of 2010 dtd.29/12/2011, by which the learned trial court has dismissed the said application submitted by the petitioner herein – original defendant No.1 to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that the suit is barred by law of limitation.
2.04. Civil Revision Application No. 61 of 2012 has been preferred by the petitioner herein – original defendant No.1 challenging the impugned order passed by the learned trial court – learned 2nd Additional Senior Civil Judge, Rajkot below Ex.20 in Regular Civil Suit No.311 of 2010 dtd.29/12/2011, by which the learned trial court has dismissed the said application submitted by the petitioner herein – original defendant No.1 to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that the suit is barred by law of limitation.
2.05. Civil Revision Application No.62 of 2012 has been preferred by the petitioner herein – original defendant No.1 challenging the impugned order passed by the learned trial court – learned 2nd Additional Senior Civil Judge, Rajkot below Ex.20 in Regular Civil Suit No.312 of 2010 dtd.29/12/2011, by which the learned trial court has dismissed the said application submitted by the petitioner herein – original defendant No.1 to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that the suit is barred by law of limitation.
2.06. Civil Revision Application No.63 of 2012 has been preferred by the petitioner herein – original defendant No.1 challenging the impugned order passed by the learned trial court – learned 2nd Additional Senior Civil Judge, Rajkot below Ex.20 in
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