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2022 Supreme(Guj) 544

A.J.DESAI, ANIRUDDHA P.MAYEE
LH of Decd Kiranbhai Motibhai Patel – Appellant
Versus
Suraj Co-Operative Housing and Commercial Society Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Shalin Mehta, Senior Counsel Assisted By Mr Rohan A Shah
And Rushabh H Shah
For the Defendant : MR A S Vakil

JUDGMENT :

A. J. DESAI, J.

1. These two appeals have been filed by the Appellants - original plaintiffs under Section 96 of the Code of Civil Procedure, 1908. Out of these two above referred First Appeals, First Appeal No.335 of 2022 has arisen from the judgment and decree dated 10.1.2022 passed by learned City Civil Judge, Court No.4, Ahmedabad below application Exh.103 in Civil Suit No.1786 of 2005. The said application Exh.103 was filed by the original defendant No.1 - respondent No.1 herein under Order VII, Rule 11 (d) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') requesting the Court to reject the plaint on the ground that the suit is barred by the law of limitation and by the impugned order, the said application came to be allowed and the plaint was ordered to be rejected.

Whereas, First Appeal No.356 of 2022 has arisen from the judgment and decree dated 10.1.2022 passed by the learned City Civil Judge, Court No.4, Ahmedabad below application Exh.107 in Civil Suit No.1785 of 2005. The said application Exh.107 was filed by the original defendant No.1

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