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2021 Supreme(Guj) 120

BIREN VAISHNAV
Poonam Kishor Dhongani – Appellant
Versus
Atik Bhinesh Desai – Respondent


Advocates Appeared:
For the Applicant : Mr. S.P. Majmudar, Shashvata U. Shukla.
For the Opponent : Mr. Udayan P. Vyas.

JUDGMENT :

1. All these revision applications have been filed by the original defendant No.4 in Special Civil Suit Nos.624/2014, 625/2014 and 626/2014 wherein their applications under Order VII – Rule 11 of the Code of Civil Procedure, 1908 were rejected by the 17th Addl. Senior Civil Judge, Vadodara by an order dated 6.2.2019 passed below Exh.15 in the respective suits.

2. Facts in brief are as under (For the purposes of the facts, facts from Civil Revision Application No.284/2019 are considered):

    * The applicant was the original defendant No.4. The respondent No.1 had filed Special Civil Suit No.624 of 2014 before the Court of 17th Addl. Senior Civil Judge, Baroda against the present applicant and other three defendants. It was the case of the plaintiff that the suit land was of the original ownership of one Jayesh Natvarlal Patel, respondent No.3 herein. According to the plaintiff, respondent No.1 herein, he and Jayesh Patel had entered into a partnership in the name of Satya Developers. The development agreement was entered into. The case of the plaintiff was that the respondent No.2 during the course of partnership, keeping the plaintiff respondent No.1 in the dark, executed cert

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