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2017 Supreme(Guj) 1049

RAJESH H.SHUKLA
Poonambhai Shanabhai Valand Decd. – Appellant
Versus
Hasmukhbhai Bachubhai Parsana – Respondent


Advocates:
Advocate Appeared:
For the Appellants : H.L. Patel
For the Respondent: Ms. Trusha K. Patel

JUDGMENT :

Rajesh H. Shukla, J.

The present second appeal is filed by the appellants-original plaintiffs challenging the impugned judgment and order by the Addl. District Judge, Ahmedabad (Rural) at Mirzapur in Regular Civil Appeal No. 17/2014 dated 22.4.2016 confirming the judgment and order below Exh. 17 in Special Civil Suit No. 514/2010 by the Sr. Civil Judge, Ahmedabd (Rural) dated 28.12.2014 under Order 7, Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint on the ground of limitation posing the following substantial questions of law :

(i) Whether the plaintiffs have proved their case independently by showing that the plaint of the plaintiffs discloses the cause of action?

(ii) Whether the plaint of the plaintiffs is time barred and whether it falls within the period of limitation?

(iii) Whether is it possible for the trial court to decide the issue of concoction of power-of-attorney without adjudicating the same?

2. Heard learned counsel Shri Vijay Patel appearing for the appellants and learned advocate Ms. Trusha Patel for respondent No. 1.

3. Learned counsel Shri Patel referred to the background of facts and submitted that both the courts below have committed






















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