JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. The present Civil Revision Application is filed impugning the order dated 16.10.2020 passed by the City Civil Court, Ahmedabad below application Exh.52 in Civil Suit No. 1784 of 2013 whereby the learned Trial Court has rejected the application preferred by the applicant herein under Order-VII Rule-11 of the Code of Civil Procedure, 1908 [“CPC” for short] for rejection of the plaint on the ground of limitation.

2. The brief facts in the present case are that, original plaintiffs-respondent Nos. 1 to 4 herein have filed the Civil Suit No. 1784 of 2013 in the City Civil Court, Ahmedabad pertaining to land bearing Survey No. 557 paiki (West) admeasuring 3 Acres and Survey No. 556 admeasuring 39 Gunthas at Ishanpur, Ahmedabad. That one Shri Ramanbhai Nathabhai Patel was the actual owner and possessor of the subject lands and the said Shri Ramanbhai Nathabhai Patel along with the respondent Nos.7 and 8 were the Directors in the respondent No. 5 company. That the subject land was given on rent to the respondent No. 5 company in the year 1984 for the period of 11 months and thereafter to the respondent No. 6 company in the year 1985. That the respondent Nos.5 and 6 companies obtained financial assistance from Nutan Nagrik Cooperative Bank [“the Bank” for short]. That so as to assist in the availing of the financial loan, late Shri Ramanbhai Nathabhai Patel mortgaged the subject lands in favour of the Bank by way of equitable mortgage and deposited the title deeds of the subject lands to the Bank. It is alleged by the respondent Nos.1 to 4-original plaintiffs that late Shri Ramanbhai Nathabhai Patel as well as the respondent No. 2 herein resigned as Directors in the respondent Nos.5 and 6 companies and in view of their resignations, the mortgage of the subject land created in favour of the Bank came to an end. It is further their case that the Bank no longer possesses any right as the mortgagee in respect of the subject land. It is further their case that when the respondent Nos.5 and 6 companies failed to repay the loan availed by them, the Bank filed two suits against the respondent companies and their Directors before the Board of Nominees seeking recovery of the total outstanding dues with interest. That in the said recovery suits, Shri Ramanbhai Nathabhai Patel as well as the respondent No. 2 were joined as party defendants. That the subject land was claimed as a mortgage property. Since they have persons dealing inter-se between the applicant and the respondents herein, it is the case of the applicant herein that it offered to pay the total dues in respect of the financial assistance availed by the respondent Nos.5 and 6 companies. It is their case that during the pendency of the recovery suits, the applicant herein has paid the outstanding due amount in favour of the Bank. It is further alleged that in view of the aforesaid payment made by the applicant, the mortgagee and mortgagor relationship between late Shri Ramanbhai Nathabhai Patel and the Bank came to an end and the subject lands become mortgage free. That in view of the payment of the outstanding dues of the respondent Nos.5 and 6 companies, the Bank executed two transfer of mortgage deeds in favour of the applicant herein on 27.3.1992 transferring mortgage rights in respect of the subject lands in the favour of the applicant and consequently, the applicant was added as a plaintiff No. 2 in the said recovery suits. That late Shri Ramanbhai Nathabhai Patel passed away on 17.1.2012. That after the demise of Shri Ramanbhai Nathabhai Patel, the respondent Nos.1 to 4 herein filed a Civil Suit No. 1784 of 2013 in the City Civil Court, Ahmedabad praying for a declaration that the mortgage rights of the applicant herein have come to an end and redemption of mortgage was prayed for. That the applicant herein has thereafter filed application below Exh.52 under Order-VII Rule-11(d) of CPC praying to pass necessary orders that the suit is barred by