ORDER :

1. The present First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 against the judgment dated 12.04.2023 as well as decree drawn on 24.04.2023 in Special Civil Suit No.217 of 2021 by the learned 5th Additional Senior Civil Judge, Gandhinagar.

2. The brief facts of the case are that the appellant-original plaintiff has filed the Special Civil Suit No.217 of 2021 for a relief of specific performance of a notorised agreement to sell dated 23.03.2010 together with a relief of permanent injunction. The defendant No.3 filed an application Exhibit-10 under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908. The learned Principal Senior Civil Court, Gandhinagar, vide order dated 12.04.2023 allowed the application of defendant No.3 and rejected the plaint.

3. Being aggrieved and dissatisfied with the judgment and decree, the appellant-plaintiff is before this Court.

4. Learned advocate for the appellant has submitted that original owner of the land i.e. defendant No.3 Tribhovanbhai Narandas Patel executed a registered agreement to sell dated 04.10.2006 in favour of the defendant No.1 Shivubhai Shamadbhai Patel for the lands bearing Survey No.8/8, Hector Aar