JUDGMENT :

1. Being aggrieved and dissatisfied with the order dated 4.1.2021 passed below Exh-5 in Special Civil Suit No. 120 of 2020 by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) at Mirzapur, the appellant who is the original plaintiff has filed the present Appeal from Order under Order 43 Rule 1(r) of CPC.

2. The appellant is the plaintiff and respondents are original defendant before the trial Court. For the sake of brevity and convenience, the parties are referred to in this order, as per the status assigned to them before the trial Court i.e. plaintiff and defendants.

3. The brief facts of the present appeal in nutshell, are as under:

3.1 The plaintiff minor Saumya S/o. Pradipkumar Sunilbhai Patel has preferred the suit, through his next friend namely Haresh Kumar Keshavlal Patel, who is alleged to be maternal uncle of the mother of the minor and he has no adverse interest to that of the minor, for cancellation of the Banakhat dated 15.6.2019 as well as 16.11.2019 General Power of Attorney dated 16.11.2019 as well as sale executed dated 16.11.2019 on the ground that without obtaining required permission under Section 8 (2) of the HINDU MINORITY AND GUARDIANSH