M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned order dated 16.10.2015 passed by the learned Civil Judge, Senior Division, Vadodara (hereinafter referred to as "learned Judge") below Exh.14 application in Special Civil Suit No.51/2015 by which the learned Judge has allowed the said application preferred by the original defendant and consequently has rejected the plaint in exercise of powers under Order 7, Rule 11 (a) of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), the original plaintiff has preferred the present First Appeal.

1.1. As earlier the Division Bench has issued the notice for final hearing and relevant material is before the Court and with the consent of learned advocates appearing for respective parties the present First Appeal is taken up for final hearing today and we have heard the learned advocates appearing for respective parties at length.

2. Facts leading to the present First Appeal in nut-shell are as under:

2.1. That the disputed land in question was owned by one Vitthalbhai Ramabhai who died on 10.02.2003. That the widow of Vitthalbhai Ramabhai (the original plaintiff), her daughter and son viz. Hemlataben and M