JUDGMENT :

ORDER IN FIRST APPEAL NO. 53 of 2021

1. Present appellant, who is the original plaintiff, has challenged the judgment and decree dated 12.11.2020 passed in Civil Suit No. 575 of 2018 by learned Chamber Judge, City Civil Court, Court No.15, Ahmedabad and prayed to revive the Civil Suit No. No. 575 of 2018 and direct the learned trial Court to proceed further with the suit on merits and in accordance with law. Against that order, present First Appeal preferred u/s. 96 of Code of Civil Procedure, 1908.

2. The short facts leading to the present case are as under:-

3. Plaintiff filed Civil Suit No. 575 of 2018 before the learned City Civil Court, Ahmedabad against original defendants who are the legal heirs of the late Shri Bhudarbhai Hakkabhai Brahmbhatt (hereinafter referred to as ‘deceased’ for convenience) for specific performance of contract and permanent injunction in respect of the land bearing Survey No. 388/1 admeasuring Hecter-Are-Square Meter 0-71-83 of Rs. 7.75 of Mouje Vadaj, Dist-Ahmedabad. Defendants appeared and waived the process and also moved a Chamber Summ