ORDER :

1. Heard learned Advocate Mr. Vilav Bhatia on behalf of the appellant and learned Advocate Mr. D.C. Sejpal on behalf of the respondent.

2. By way of this appeal, the appellant-original plaintiff seeks to challenge an order dated 17.08.2022 passed by the learned Principal Senior Civil Judge, Gondal, Rajkot below application Exh.18 in Special Civil Suit No. 9 of 2020 rejecting the suit under provisions of Order 7 Rule 11(d) of the Code of Civil Procedure.

3. Facts relevant for deciding the appeal are as follows:

3.1 The appellant -original plaintiff had instituted Special Civil Suit No. 9 of 2020 against the opponents herein inter alia challenging registered saledeed No. 4264 dated 23.09.1998 more particularly whereby land admeasuring 9 Acres 18 Guntha out of land admeasuring 37 Acre 35 Guntha situated at Revenue Survey No. 367/1 Village: Khirsara (Ranmalaji) Taluka: Lodhika, District: Rajkot. The appellant plaintiff had also prayed for setting aside a Power of Attorney in favour of the defendant no. 2 whereby the sale-deed had been entered into.

3.2 It was the case of the appellant-plaintiff that the land in question i.e land admeasuring 9 Acres 18 Guntha out of the total land ad