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2022 Supreme(Guj) 1650

SONIA GOKANI, NISHA M. THAKORE
Jayantibhai Maganbhai Patel – Appellant
Versus
Manibhai Hirabhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Maulik G Nanavati
For the Respondent: Mr Dipen C Shah, Mr Nilesh M Shah

JUDGMENT :

Nisha M. Thakore, J.

1. This is an Appeal filed by the original plaintiffs under Section 96 of Code of Civil Procedure,1908, (hereinafter referred to as “Code”) challenging the judgment and order dated 14.09.2011 below Exhibit 48 in Special Civil Suit No.676 of 2010 passed by the learned 5th Additional Senior Civil Judge, Vadodara. By the said judgment and order, learned Trial Judge has allowed the application filed by the original defendants under Order VII, Rule 11 (d) of Code, thereby dismissing the Suit against the defendant No.1 on the ground that the suit is barred by the law of limitation.

2. Before entering into merits of the case, it would be appropriate to reproduce the relevant facts of the case, which are as under:

    2.1 The Suit land includes an agricultural land bearing old Revenue Survey Nos.102 and 110, Block No.76 admeasuring 5356 Sq. Mtrs. and another having old Revenue Survey Nos.129 and 116/3 and 114, Block No.85 admeasuring 9049 Sq. Mtrs. at village: Aalamgir, Dist. Vadodara (hereinafter referred to as the “Suit land”).

2.2 The original plaintiffs claim

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