ORDER :

1. This Revision Application under Section 115 of the Code of Civil Procedure has been filed by the Original-Defendant No. 5 challenging the Judgment and Order dated 5.3.2020 passed by the Additional Senior Civil Judge, Sanand dismissing the Application Exh.149 filed by the present Applicant, under Order VII Rule 11 of the Code of Civil Procedure, 1908 in Special Civil Suit No. 17 of 2018.

2. FACTS IN BRIEF ARE AS UNDER:

2.1 The Plaintiffs (Respondents Nos. 6 and 7 herein) filed Special Civil Suit No. 477 of 2007 which was then renumbered on transfer to Sanand Court as Special Civil Suit No. 17 of 2018. The Suit is filed for declaration that Jivubhai, the sole owner of the land in question was entitled to make a Will and the land bequeathed to the Plaintiffs by such Will was in ownership and possession of the Plaintiffs. A further declaration was prayed that the sale-deed dated 29.05.2007 made by the defendant no. 1/2, Vanubhai with the Defendant No. 5, be cancelled. Since pending the suit, the defendant no. 5 sold the said land by a sale-deed dated 4.2.2010 to one Gatil P