CAV JUDGMENT

The petitioner in this revision application filed under Section 115 of the Civil Procedure Code, 1908 has challenged order dated 8th August 2014 passed by the learned 4th Additional Senior Civil Judge, Gandhinagar below Exhibit 37 in Special Civil Suit No.35 of 2003 whereby the application preferred under Order VII Rule 11(d) of the CPC by the petitioners came to be rejected. The aforesaid suit was filed by respondent No.1 filed in the court of the learned 4th Additional Senior Civil Judge, Gandhinagar for a declaration that the sale deed executed by defendants Nos.1 to 3 on 5th July 1999 in favour of defendants Nos.4 to 8 whereby the land bearing Survey No.239/1 of village Motera, District Gandhinagar admeasuring 23027 gunthas = 14872 square meters was sold to defendants Nos.4 to 8 unauthorisedly.

2 The short facts giving rise to the present revision are that the first respondent – original plaintiff is a cooperative housing society, registered under the provisions of the Gujarat Cooperative Societies Act, 1961. It is the case of the respondent – defendant no.1 that the land bearing Survey No.239/1 of village Motera was agreed to be sold to the Society vide agreement f