JUDGMENT :

J.B. PARDIWALA, J.

1. This First Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, 'the CPC') is at the instance of the original plaintiffs and is directed against the judgment and decree passed by the 3rd Additional Senior Civil Judge, Bharuch, dated 30th November 2017 below Exh. 22 in the Special Civil Suit No. 98 of 2015, by which the court rejected the plaint under the provisions of Order 7, Rule 11 of the CPC.

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

3. It appears that the plaintiffs instituted the Special Civil Suit No. 98 of 2015 in the court of the 3rd Additional Senior Civil Judge, Bharuch, with the following prayers:

"(1) The old tenure ancestral agricultural land situated in the sim of mouje village Aladar, Taluka Vagra, District Bharuch, bearing Revenue Survey No. 35 paiki-1 admeasuring Hec. Are. Sq. Mts. 9-59-11 having consideration value of Rs. 49.62 of the ownership of the plaintiff and with regard to the said land a