JUDGMENT :

Vaibhavi D. Nanavati, J.

1. This First Appeal under Section 96 of the Code of Civil Procedure Code, 1908 is at the instance of the original plaintiffs and is directed against the order dated 20.1.2017 passed by the 3rd Additional Senior Civil Judge, Ahmedabad below Ex.27 in the Special Civil Suit No.231 of 2012, by which the plaint came to be rejected under the provisions of Order VII Rule 11(a) and (d) of the Code of Civil Procedure.

2. The facts giving rise to the appeal are summarized as under :-

2.1 The appellants herein are the original plaintiffs. The respondents are original defendants.

2.2 The appellants (original plaintiffs) instituted the present suit stating that the land bearing Survey/Block Nos.593, 594, 595 and 596 respectively situated at mouje Village : Ramol, Taluka Dascroi, District Ahmedabad are of the joint ownership, possession and in occupation of the plaintiffs and there is a room constructed on the eastern side of the said parcels of land near a well and the said room is also in possession and occupation of plaintiffs. The above referred room is