JUDGMENT :

1. Heard Ms. Trusha Patel, the learned Senior Counsel assisted by Mr. Nishit P. Gandhi, the learned advocate appearing for the applicant and Mr. Dhaval Vyas, the learned Senior Counsel appearing for the opponents No.1 and 2.

2. The applicant herein has approached this Court under Section 115 of the Civil Procedure Code, 1908 being aggrieved and dissatisfied by the impugned order dated 4.5.2022 passed below Ex.13 by the learned 2nd Additional Senior Civil Judge, Valsad at Vapi in the Special Civil Suit No.9 of 2019 whereby the applicant - original defendant’s application seeking rejection of the plaint came to be rejected.

The opponent – original plaintiff preferred the suit for specific performance under Sections 34 and 38 of the Specific Relief Act and under Section 54 of the Civil Procedure Code, under Section 4 of the Partition Act and under Section 8 of the Hindu Succession Act.

3. The brief facts leading to the filing of the present civil revision application read thus :-

3.1 The opponent – original plaintiff no.1 Kusumben is the widow and original polaintiff no.2 Shitalben is the daughter of deceased Dolatray Kalidas and applicant – defendant No.1 Pankaj Dolatray Desai