JUDGMENT :

A.S. SUPEHIA, J.

1. ADMIT. Learned advocate Mr. Vakil, waives service of notice of admission on behalf of the respondent.

2. The present First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, (for short “the CPC”) emanates from the judgment, order and decree dated 29.09.2022 passed below Exh.30 by the City Civil Court, Ahmedabad, in Civil Suit No. 1084 of 2022, whereby the application filed below Exh.30 under Order VII Rule 11 of the CPC, by the defendant has been allowed and the plaint is ordered to be rejected.

3. At the outset, learned advocate Mr.Sudhanshu Jha, appearing for the original plaintiff-appellant has submitted that the impugned judgment, order and decree passed by the Court below rejecting the plaint is contrary to law enunciated by the Apex Court in the case of Srihari Hanumandas Totala vs. Hemant Vithal Kamant Others by judgment dated 09.08.2021 passed in Civil Appeal No. 4665 of 2021 and SLP (C) No. 3899 of 2021.

3.1 Learned advocate Mr. Sudhanshu Jha, has further invited the attention of this Court to the averments made in the plaint, more particularly the cause of action stated in paragraph No. 9 and the prayer clause and has submitted t