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. 11 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. 11 of 2020 against the opponents herein inter alia challenging registered sale-deed No. 4266 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