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2012 Supreme(Guj) 606

M.R.SHAH
Becharbhai Zaverbhai Patel – Appellant
Versus
Jashbhai Shivabhai Patel – Respondent


Advocates Appeared:
For the Appellants : Nilesh A. Pandya
For the Respondents: A.S. Asthavadi

JUDGMENT :

M.R. Shah, J.

Present Civil Revision Application under Sec. 115 of the CPC has been preferred by the petitioners herein-original defendant Nos. 3 and 4 to quash and set aside the impugned order passed by the learned 10th Additional Senior Civil Judge, Vadodara passed below Exh. 14 passed in Regular Civil Suit No. 694 of 2010, by which, the learned trial Court has dismissed the said application preferred by the petitioners herein-original defendant Nos. 3 and 4 which was submitted to reject the plaint in exercise of powers under Order 7, Rule 11(d) of the CPC on the ground that the suit is ex-facie barred by law of limitation. That the respondent Nos. 1.1 to 1.4 original plaintiffs have instituted Regular Civil Suit No. 694 of 2010 against the petitioners herein-original defendant Nos. 3 and 4 and others in the Court of learned Civil Judge (S.D.), Vadodara for declaration to declare that the sale-deed dated 25-8-1975 executed by the original defendant No. 1 in favour of the petitioners herein-original defendant Nos. 3 and 4 as illegal and void. It appears from the averment in the plaint that it is the case of the original plaintiffs that the suit land in question was in the











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