ORAL ORDER

ORDER IN APPEAL

Present appellants, who are the original plaintiffs before the Civil Court in Regular Civil Suit No. 277 of 2011 and appellants before the first appellate Court in Regular Civil Appeal No. 37 of 2016, have challenged the order passed by the learned Additional Civil Judge, Kalol allowing present application under Order 7 Rule 11(d) of the Code of Civil Procedure (In short “CPC”) and rejecting the appeal, being Regular Civil Appeal No. 37 of 2016 by the learned 2nd Additional District Judge, Kalol on 20.02.2019. Being dissatisfied with the judgments and decree, appellants have approached this Court by filing present appeal under Section 100 CPC.

Following substantial questions of law are framed by the appellants.

(I) Whether the Courts below ere justified in allowing the application under Order VII Rule XI at pre trial stage?

(II) Whether the courts below have rightly appreciated the evidence on record and pleadings of the parties?

(III) Whether the Courts below were justified in rejecting the suit on the ground of limitation though it is mix question of law and facts?

(IV) Whether the learned Courts below ere justified in presuming about the issue with regard to