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2022 Supreme(Guj) 1061

A. S. SUPEHIA
Dilipkumar Jayantilal Shah – Appellant
Versus
Yasinbhai Faridbhai Hokabaj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR SP MAJMUDAR, SHASHVATA U SHUKLA
For the Respondent: MR MTM HAKIM with MR ISA HAKIM

JUDGMENT :

1. In the present Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (“the CPC” for short) the applicants seek to challenge order dated 18.01.2021 passed by Judge, Court No.12, City Civil Court, Ahmedabad, rejecting the application of the defendants below Exh.48 moved in Civil Suit No.1311 of 2012 seeking rejection of plaint under Order VII Rule 11 of CPC.

2. The parties shall be referred as per their status before the trial court.

3. Learned advocate Mr.Majmudar has submitted that the suit is barred by limitation under the provisions of Article 54 of the Limitation Act, 1963 (the Limitation Act) since the plaintiffs in the plaint, have sought specific performance of agreement to sell dated 05.06.1975 after delay of 35 years i.e. till the institution of the suit in the year 2012. Learned advocate Mr.Majmudar has invited the attention of this Court to the notices issued by the plaintiffs on 08.02.1980, 30.08.1983, 31.05.1981 and 26.12.1984 calling upon the defendants to execute a registered sale deed in view of the agreement to sell e

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