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GUJARAT HIGH COURT
BABUBHAI JAMNADAS PATEL – Appellant
Versus
BHARAT UMEDSANG THAKORE – Respondent


ORAL ORDER

1. Since the short issue involved in the present application, the same is heard and finally decided.

2. Being aggrieved and dissatisfied by the order dated 27.10.2021 passed by Additional Civil Judge, Ahmedabad Rural, rejecting the application below Exh.16 in Special Civil Suit No.339 of 2013 (New Regular Civil Suit No.1475/2015) filed under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short “the CPC”), the present revision application is filed.

3. The plaintiffs have filed the Special Civil Suit No.339 of 2013 for cancellation of the Power of Attorney as well as the sale deed registered on 18.03.2003. From the plaint, it is reflected that the Power of Attorney is dated 24.03.2000. However, in the prayer clause, the date of Power of Attorney is not mentioned.

4. It is the case of the plaintiffs that the aforesaid sale deed is executed in view of the forged and fabricated Power of Attorney in favour of the deceased Shankarbhai Prahladbhai Patel by the defendant no.3 (applicant no.1 herein).

5. Learned advocate Mr.Parthiv Shah appearing for the applicant has submitted that the applicant filed an application under Order VII Rule 11 of the CPC bel

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