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2024 Supreme(Online)(GUJ) 12134

HIGH COURT OF GUJARAT
J. C. DOSHI, J
PRABHABEN MAVJIBHAI PATEL – Appellant
Versus
KAMLESHBHAI INDRAVADANBHAI DAVE – Respondent


Petitioner Advocates:VIJAY H PATEL(7361) ,Respondent Advocate: MR D K TRIVEDI(5283)

JUDGEMENT

1.As facts and issue in dispute in all the Second Appeals are identical and similar one, upon joint request of learned advocates for the parties, the Second Appeals are decided analogously by this common order.

2.Considering involvement of issue of rejection of plaint in the Second Appeals, learned advocates for the parties jointly request to take up Second Appeals for final hearing by considering question of law framed by the appellant in appeals.

Second Appeal No.211 of 2024 is considered as lead matter.

3.All these Second Appeals are filed under section 100 of Code of Civil Procedure, 1908 (for short 'CPC') challenging judgment and order passed by the learned Appellate Court in Regular Civil Appeals, upturning the order passed by the learned Trial Court in Regular Civil Suits. In Regular Civil Suits, defendant of the suit filed application under Order 7 Rule 11 of CPC for rejection of the plaint. Those applications were allowed on the ground of suit is barred by law of limitation. Unsuccessful plaintiff challenged the same before Appellate Court by filing Regular Civil Appeals and succeeded in getting judgment and decree in their favour by which learned Appellate Court h

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