JUDGMENT

(PER J.B.PARDIWALA, J.

1. This first appeal is at the instance of the original plaintiff and is directed against the order passed by the learned 10th Additional Senior Civil Judge, Surat, below Exh.1 dated 04.02.2021 in the Special Civil Suit No.21 of 2021 by which the Court below rejected the plaint under the provisions of Order 7 Rule 11(d) of the Civil Procedure Code even before issuing summons to the defendants.

2. The facts giving rise to this first appeal may be summarized as under:

2.1 The appellant herein-original plaintiff instituted the Special Civil Suit No.21 of 2021 in the Court of the Principal Senior Civil Judge, Surat seeking the following reliefs:

“1. Your Honour may please be declare all the Chques as void as the cheques are void and illegal because we, the plaintiff/s has/have given cheque No.000082, 000083, 000084 and 000085 of HDFC Bank Ltd. Piplod Branch, Surat towards the security against the amount borrowed from the opponent/s and though the opponents has bound to return the cheques, which were received from the plaintiff/s towards security against the amount borrowed from the opponent/s, the opponent/s is/are misusing the cheques received on account of