ORAL ORDER

1. The present applicants impugn judgment and order dated 22.10.2021 passed by learned Principal Senior Civil Judge, Halol, Panchmahal under Exh.7 in Regular Civil Suit No.63 of 2021 whereby the application under Order 7 Rule 11 has been rejected.

2. The brief facts leading to filing the present Civil Revision Application are as under :-

2.1 That respondent No.1 viz. Vinodben preferred a suit in the court of learned Principal Senior Civil Judge, Halol, Panchmahal being Regular Civil Suit No.63 of 2021 praying for her share in the ancestral property. The applicants herein who are the brothers of the plaintiff preferred an application under Order 7 Rule 11 praying to reject the suit since she had already relinquished her right in the ancestral property and also on the ground that the suit is time barred. By impugned judgment, the learned trial court has dismissed the application under Order 7 Rule 11 holding that the defence of the defendants cannot be gone into at the stage of Order 7 Rule 11. It has been further held that it is an admitted fact on record that the mother of the plaintiff and the defendants had died on 26.04.2021 and the plaintiff has filed the present suit