ORAL JUDGMENT

1. RULE. Learned advocate Mr.Bharda, waives service of notice on behalf of the respondent No.1.

2. The present revision application emanates from the judgment and order dated 28.02.2022 passed below Exh.12 moved in Special Civil Suit No.11 of 2020. By the aforesaid order, the Court below has rejected the application below Exh.12 filed by the present applicants – original defendant No.1.1 and 1.2 under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (for Short, “the CPC”).

3. The facts leading to the present revision application are as under : -

3.1 Respondent No.1 - original plaintiff - Kailashben Ashokbhai Patel has instituted Special Civil Suit No.11 of 2020 in the Court of the Principal Senior Civil Judge, Gandhinagar, through Power of Attorney Holder - Sejal Milankumar Bhrambhatt on the basis of the Power of Attorney given in the year 2019, challenging the registered sale deed dated 30.05.2002 bearing no.2112 in favour of the original defendant No.13 and then also, a subsequent sale deed bearing No.2939 in favour of defendant No.14 dated 28.03.2006 by seeking prayer in relief clause No.7A and the suit was instituted on 13.01.2020. In the same suit, a further relief is sought in paragraph No.7B that registered sale deed executed in favour of 3rd transferee i.e. the defendant No.1 - the present applicant dated 03.04.2019 bearing no.7195 be also cancelled with a further prayer that whatever proportionate share the plaintiff is having be declared by the Court and that share be given to her as and by way of actual possession. In the suit, a further relief of permanent injunction against the defendants, their servant and agents are sought not to transfer, assign or part with the suit property.

3.2 After the summons were served, defendant No.1 on 28.02.2021 filed an application under Order VII Rule 11 of the CPC vide Exh.12 pointing out that there is no legal cause of action stated in the plaint and that the suit was absolutely time barred and also barred by the provisions of Articles 56 and 58 of the Limitation Act and also there is also bar of Section 24 of the Specific Relief Act.

3.3 The few facts which are borne out from the pleadings are that Survey No. 659/p, admeasuring 5,134 sq. mtrs of old tenure land at Uvarsad, which land is in fact divided in two parts - the first document which was executed on 28.05.2002 with registration no.2153 of 2002 came to be purchased by Hemlataben and the property was sold by Shantaben Chhotalal Patel, Pravin Chhotalal Patel, Sangeeta Chhotalal Patel and Paresh Chhotalal Patel through Power of Attorney Holder Maheshbhai Ravjibhai Patel. This sale deed is not under challenge, the rest of the half of the land came to be sold on 28.05.2002 with registration no.2112 of 2002 in favour of Hemlataben and sold by Hasmukhbhai Ratibhai, Dharmendra Ratibhai, Dharmisthaben Budhabhai, etc,. through Power of Attorney holder - Ghanshyambhai Manibhai Patel and so far as Kailashben Manibhai Patel and Vimlabhai Manibhai Patel are concerned, it was through Power of Attorney for self and also as Power of Attorney. Before the execution of the registered sale deeds a public notice dated 22.04.2002 also was published inviting objection, if any, in relation to the title clearance and after obtaining title clearance certificate dated

16.05.2002 the sale deeds were executed on 28.05.2002. The revenue entries corresponding mutation entries were certified vide Entry No.9593 dated 03.07.2002.

3.4 The subject land came to be sold to another transferee by Hemlataben by registered sale deeds dated 09.11.2004 with registration no.2993 of 2006 and registration no.2994 dated 09.11.2004. The considerations were paid by cheque and were purchased by Dinesh Bhavanbhai Bharwad defendant no.14 and necessary Entry no.10555 dated

14.07.2006 were also effected in the revenue record.

3.5 The said Dineshbhai Bharwad defendant no.14 sold the subject land in the form of registered Power of Attorney in favour