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2022 Supreme(Guj) 839

A. S. SUPEHIA
Haridas Atmaram Desani – Appellant
Versus
Legal Heirs of Deceased Vishnudas Atmaram Desani Madhuram Vishnudas Desani – Respondent


Advocates appeared:
S.P.Majmudar, Krutarth K.Pandya, Megha Jani, Tanaya G.Shah, Advocates

JUDGMENT :

A.S. Supehia, J.

1. The present revision application has been filed by the original defendant-applicant herein under Section 115 of the Code of Civil Procedure, 1908, (for short “the CPC”) inter-alia challenging the order dated 29.02.2016 passed by the Principal Civil Judge, Jasdan, below application Exh.12 in Regular Civil Suit No. 181 of 2015. The applicant is the original defendant in the suit filed application below Exh.12 under the provisions of Order VII rule 11(a)(b)(d) of the CPC for rejection of the aforesaid plaint instituted by the respondents-original plaintiffs.

FACTS:

2. It is the case of the defendant-applicant that the plaintiffs-respondents have instituted Regular Civil Suit No. 181 of 2015, inter-alia, challenging sale deed dated 08.05.1995 in favour of the applicant for the land situated at revenue Survey Nos. 144, 145 and 151 of Village Dadali, Tal. Vinchhiya, Dist.Rajkot. They have also prayed for restoration of possession of the land in their favour. The case of the plaintiffs is that the mother of the plaintiffs-Savitaben passed away on 07.08.1998 and their grandfather-Maiyaram Karshandas had purchased the suit land, in question on 09.12.1957 from Kach

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