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2018 Supreme(Guj) 907

PARESH UPADHYAY
Jayeshkumar Chakkaddas Shah – Appellant
Versus
Sudhakarbhai Bakorbhai Patel Legal Heir of Late Chanchalben Bakorbhai Patel – Respondent


Advocates:
Advocate Appeared:
D.K. Puj, Viral K. Shah

JUDGMENT :

Paresh Upadhyay, J.

This Appeal is directed against the judgment and decree passed by the Trial Court (the Principal Senior Civil Judge, Gandhinagar) dated 13.06.2016 rejecting Special Civil Suit No.213 of 2007. The Trial Court has, by the impugned judgment recorded on application Exh.41 filed by the defendant No.2, rejected the plaint under the provisions of Order 7, Rule 11 of the Code of Civil Procedure, 1908.

2. This being the First Appeal, the point for determination needs to be formulated by this Court. The point for determination, in the present Appeal is, whether the plaint of the present appellant needs to be rejected on the ground of, it not disclosing any cause of action against defendants No.1 and 2, as held by the Trial Court, on the application moved by the defendant No.2 invoking the provisions of Order 7, Rule 11 of the Code of Civil Procedure, 1908.

3. Heard learned advocates.

4. The material on record is also considered by the Court.

5. Mr. D.K. Puj, learned advocate for the appellant - original plaintiff has submitted that, the Trial Court fell in error while coming to the conclusion that the plaintiff does not have any cause of action against the defendants

















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