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2023 Supreme(Guj) 69

A. J. DESAI, RAJENDRA M. SAREEN
Prachi Mahendrabhai Patel – Appellant
Versus
Laljibhai Nathabhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr NM Kapadia
For the Respondent:Mr Anshin Desai, Sr. Advocate with Mr Amrish K Pandya, Mr. Ashit J Vyas, Shrineel M Shah Advs.

ORDER :

A.J.Desai, J.

[1.0] By way of present appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”), the appellant herein – original plaintiff No.1 has challenged the judgment and decree dated 05.04.2019 passed below application Exh.35 by the learned 5th Additional Senior Civil Judge, Gandhinagar (hereinafter referred to as “trial Court”) in Special Civil Suit No.166/2016 (hereinafter referred to as "the aforesaid suit") by which the learned trial Court has accepted the application Exh.35 filed in the aforesaid suit filed by the respondent Nos.7 and 8 herein – original defendant Nos.7 and 8 (hereinafter referred to as “original defendant Nos.7 and 8”) under Order VII Rule 11 of the CPC and dismissing the suit on the ground that the suit has been filed beyond the prescribed period of limitation as provided under Articles 56, 58 and 59 of the Schedule to the Limitation Act, 1963 (hereinafter referred to as “Limitation Act”).

[2.0] A caveat was filed by the original defendant Nos.7 and 8 way back in the year 2019. Thereaft

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