J.B. PARDIWALA, J.

This Second Appeal under Section 100 of the Civil Procedure Code, 1908 (for short, 'the C.P.C.') is at the instance of the original plaintiffs and is directed against the judgment and order passed by the 3rd Additional District Judge, Vadodara dated 27th July 2017 in the Regular Civil Appeal No.143 of 2007 arising from the judgment and decree passed by the 6th Additional Senior Civil Judge, Vadodara dated 10th September 2007 below Exhibit : 37 in the Special Civil Suit No.308 of 2003.

2. For the sake of convenience, the appellants herein shall be referred to as the 'original plaintiffs and the respondents herein shall be referred to as the 'original defendants'.

3. The subject matter of this Second Appeal is an order passed by the Trial Court rejecting the plaint under the provisions of Order VII Rule 11 (a) and (d) of the C.P.C. The order passed by the Trial Court rejecting the plaint came to be affirmed by the lower Appellate Court and that is how the original plaintiffs are here before this Court with this Second Appeal against the concurrent findings of two Courts.

4. As the subject matter of this Second Appeal is one relating to the rejection of plaint