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2022 Supreme(Online)(Guj) 9436

GUJARAT HIGH COURT
ketanbhai babubhai patel – Appellant
Versus
PRAHLADJI GABHAJI THAKORE – Respondent


ORAL ORDER

1. Rule. Learned advocate Mr.Dixit waives service of notice of rule for the respondent nos.1, 3, 3.3, 3.4 and 4.

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

3. Being aggrieved and dissatisfied by the order dated 07.05.2022 passed by the learned 4th Additional Civil Judge, Ahmedabad Rural at Mirzapur, rejecting the application below Exh.14 in Regular Civil Suit No.375 of 2013 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.

4. The plaintiffs have filed the Regular Civil Suit No.375 of 2013 for cancellation of the Power of Attorney as well as the sale deed dated 30.07.2003. 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.

5. 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).

6. Learned advocate Mr.Parthiv Shah appearing for the applica

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