Back
DIVYESH A. JOSHI
Lh. Of Decd. Kasam Musa Makvana, Decd. Suleman Kasam Makvana (Decd) – Appellant
Versus
Decd Mariyam Kasam Makvana, W/o. Abdulla Musa Hamirka, Decd Aaisha Abdulla Hamirkha W/o. Ibrahim Haji – Respondent
JUDGMENT :
(Divyesh A. Joshi, J.)
1. By filing present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC” for short), the applicants have challenge the order dated 12.01.2024 passed below application, Exh.19 by the learned 5th Additional Senior Civil Judge, Jamnagar in Special Civil Suit No.21 of 2022, whereby the application, Exh.19 preferred by the applicant under Order 7, Rule 11(d) of the CPC came to be rejected.
2. Heard learned Senior Counsel, Ms. Manisha Lavkumar Shah assisted by learned advocate, Mr. Rohan Lavkumar Shah with learned advocate, Mr. Aaditya Dave for Nanavati Associates for the applicant and learned Senior Counsel, Ms. Trusha Patel assisted by learned advocate, Mr. Digvijaysinh Chauhan for learned advocate, Mr. Shivangi Vyas for the respondents.
3. Learned Senior Counsel, Ms. Shah submitted that the appellants are the original defendants in Special Civil Suit No.21 of 2022 filed by the respondents herein, who are the original plaintiffs, before the court of the learned Senior Civil Judge, Jamnagar inter alia praying for declaration that the original defendants are having 42.86% share in the land be
A suit concerning ancestral property cannot be dismissed under Order 7, Rule 11(d) for limitation without considering the factual context and evidence, as mixed questions of law and fact arise.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
A plaint must be deemed to disclose a cause of action if the statements therein, taken as true, allow for a claim to proceed, regardless of subsequent merits, as defined under CPC.
A plaintiff asserting ownership based on historical rights and alleged partition must be permitted to pursue relief through trial when faced with disputed claims and questions of fact.
The appellate court upheld that plaintiffs' title validly established, and amendments to pleadings for possession did not change the suit's nature, ensuring compliance with statutory limitation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
