C.L. Soni, J.

Arguments were heard for final disposal of the appeal.

2. The appeal is filed under Order XLIII of the Civil Procedure Code, 1908 ('the Code') against the order dated 19.12.2016 passed by learned Chamber Judge, Court No.21, City Civil Court, Ahmedabad below application Exh.7 with notice of motion Exh.6 in Civil Suit No.1644 of 2016, whereby learned Judge has rejected the notice of motion taken out by the appellant. The appellant is the original plaintiff and the respondent is the original defendant in the suit. For the sake of convenience, they shall be referred as per their original status in the suit.

3. The plaintiff society has filed the above suit (to be referred as 'the present suit') with following prayers:

(A) be pleased to declare that in the facts and circumstances stated in the plaint and as per the explicit provisions of the Gujarat Co-operative Housing Society Act, since the primary ownership of suit properties mentioned in para-3 of the plaint is of plaintiff society and defendant has purchased possessory rights from the members on the basis of disputed documents only for the purpose of redevelopment of the plaintiff society, the defendant cannot acq