JUDGMENT :

B.N. Karia, J.

1. Present appellant is the original plaintiff in Special Civil Suit No. 50 of 2014 before the learned Trial Court and has challenged the decree and judgment passed below Exh. 104 against the defendants No. 1 and 7 to 10, in the above said suit vide order dated 22.11.2017 whereby plaint Exh. 1 filed before the Trial Court was rejected by passing an order below Exhibit 104 preferred under Order 7 Rule 11(a) of the Code of Civil Procedure by defendant no.1.

2. Short facts of the present case may be referred as under:

2.1 As stated, the Appellant is the plaintiff before the trial Court in the suit while respondent no.1 is the defendant No.10 in the suit. The respondents No.2 to 9 were the defendants No. 2 to 9 in the suit. The respondent No.10 to 12, are defendants No.1/1 to 1/3 in the suit, who were impleaded after death of the defendant no.1 namely Mr. Arvindbhai Naranbhai Patel, as his legal heirs. As pe the facts alleged in the suit, in the year 2001, defendants no.1 to 6 offered to sale the property consisting of the land admeasuring 292 sqr meters along with 210 sqr meters super structure, being known 15, Premanjali Society situated in the Final Plot No. 74