JUDGMENT :

(A.S. Supehia, J.)

1. ADMIT. Learned advocates appear and waive service of notice of admission on behalf of the respective respondents.

2. The present appeal has been filed against the order dated 09.02.2022 passed by 2nd Additional Senior Civil Judge, Ahmedabad (Rural), Ahmedabad (Rural) at Mirzapur below application Exh.14 being Special Civil Suit No.122 of 2021, whereby the Trial Court has rejected the suit under Order 7, Rule 11(a) and (d) of the Code of Civil Procedure, 1908 (the CPC).

SUBMISSIONS :-

3. Learned advocate Mr.Dhruvik K. Patel, appearing for the appellant has submitted that by the order dated 13.12.2022 passed in Second Appeal No.208 of 2021, this Court has referred the issue raised in the present first appeal to the Larger Bench. He has submitted that the decision of the Division Bench in the case of Amarben Wd/o Ramjibhai Desai Vs. Udaji Kanaji and others (passed in First Appeal No.1845 of 2017 dated 15.11.2017) is not considered by the Division Bench in case of Ganpatlal Manjibhai Khatri Vs. Manguben Babaji Thakore reported in 2019 JX (Guj) 1122 (judgment dated 02.08.2019 passed in First Appeal No.4979 of 2018) and hence, since the issue is pending, t