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2019 Supreme(Guj) 598

A.P.THAKER
Samir Jitendra Patel – Appellant
Versus
Shobhanaben Satyendrabahi Shah – Respondent


Advocates Appeared:
For the Appellant : Hemang H. Parikh
For the Respondent: Tarak Damani

JUDGMENT :

A.P. Thaker, J.

1. All these three Civil Revision Applications have arisen out the common order passed by the learned Chamber Judge, Court No. 27, City Civil and Sessions Court, Ahmedabad below Exh-18, 21 and 22 in Civil Suit No. 40 of 2018, whereby the applications filed by the respective applicants herein for rejection of plaint under Order 7 Rule 11 of the Civil Procedure Code, came to be dismissed.

2. So far as CRA No. 227 of 2019 is concerned, the applicant is the original defendant no. 6 whereas in CRA No. 231 of 2019, the applicants are present defendant nos. 4 and 5 and in CRA No. 235 of 2019 the applicants are defendant nos. 1 to 3.

3. The contents of the application are similar and therefore the CRA No. 227 of 2019 is treated as lead matter.

4. For the brevity and convenience the parties are referred to in this matter is as per their status before the learned Trial Court.

5. The application at Exh-18 was preferred by defendant nos. 1 to 3 and Exh-21 was filed by defendant no. 6 whereas Exh-24 was filed by defendant nos. 4 and 5 seeking rejection of plaint under Order 7 Rule 11 of CPC.

6. The sum and substance of respective application filed by the defendants is that n

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