M.R SHAH, J.

Feeling aggrieved and dissatisfied with the impugned order dated 11.03.2016 passed below Exhs.22 and 24 in Special Civil Suit No. 262/2014 by the learned 4th Additional Senior Civil Judge, Vadodara (hereinafter referred to as “trial Court”) by which in exercise of powers under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) the learned trial Court has rejected the plaint, the original plaintiff has preferred the present First Appeal.

2. Facts leading to the present First Appeal in nut-shell can be summarized as follows:

3. That the appellant herein - original plaintiff (hereinafter referred to as “original plaintiff) had filed Special Civil Suit No. 262/2014 in the Court of learned Principal Senior Civil Judge, Vadodara for a declaration to declare and cancel the sale deed executed by the original defendant Nos. 1 and 2 in favour of the original defendant No. 3 for the immovable property/open land bearing Survey Nos. 109, 111 and 112 (hereinafter referred to as “lands in question”) on the ground that the plaintiff is the absolute and legal owner of the lands in question which ash been fraudulently sold by original def