JUDGEMENT

1. This Revision petition is filed by original defendant no.2 to challenge an order dated 26.12.2014 passed by learned Additional Senior Civil Judge, Gandhinagar, below application exh.33 in Special Civil Suit No.85/2008. 2. Brief facts are that opponents no.1 and 2 are the original plaintiffs as heirs of deceased Joitaram Ranchhoddas Patel. They have filed the said suit for a declaration that they are the owners and in possession of the suit lands by virtue of a registered sale deed dated 3.2.1981. They have also prayed for a declaration that subsequent sale deed of the said land dated 2.5.2003 between defendants no. 1 and 2 is ab initio void and the same may be cancelled.

They have also prayed for permanent injunction against the defendants from transferring, selling or in any manner alienating the suit property. Defendant no.2 appeared and filed the said application exh.33 seeking rejection of the plaint in exercise of powers under Order VII Rule 11(d) of the Code of Civil Procedure. Such application came to be dismissed by the trial Court by impugned order, hence this revision petition.

3. Case of the plaintiffs as stated in the plaint i