JUDGMENT :

1. ADMIT. Learned advocate Mr. Sunil S. Joshi waives service of admission on behalf of defendant No.1. With the consent of learned advocates appearing for the respective parties, the appeal is taken up for final hearing.

2. The present appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) has been filed by the appellant – original plaintiff challenging the order dated 29.8.2016 passed by learned 5th Additional Senior Civil Judge, Ahmedabad (Rural) (hereinafter referred to as ‘the learned Trial Court’) below application Exh.17 in Special Civil Suit No.708 of 2014 by which the learned Trial Court has accepted application Exh.17 filed by the respondent No.1 herein – original defendant No.1 under Order VII, Rule 11 (d) of the Code rejecting the plaint, having come to the conclusion that the suit filed by the appellant – plaintiff has been filed beyond the prescribed period under Article 54 of the Limitation Act, 1963 (hereinafter referred to as ‘Limitation Act’).

3. For the sake of convenience and brevity, the parties to the pr