Devji Nanji Bhanderi vs Hirbai Hirji Maheshwari

Following substantial questions of law are sought to be raised in this appeal under Section 100 of the Civil Procedure Code seeking to assail the judgment and decree dated 12.07.2019 rendered by learned 8th Additional District Judge, Kachchh at Bhuj in Regular Civil Appeal No.79 of 2018, whereby the order dated 21.07.2018 rendered by learned Principal Senior Civil Judge, Bhuj, District Kachchh in Special Civil Suit No.21 of 2018 rejecting the plaint under Order 7 Rule 11 of the Civil Procedure Code came to be reversed :

"(1) Whether, on the bare perusal of the averments of the plaint, the same is required to be rejected under the provisions of Order 7, Rule 11 of the Code of Civil Procedure as barred by law of limitation?

(2) Whether the plaint of the present suit is required to be rejected under the provisions of Order 7, Rule 11 of the Code Page 1 of 2 Downloaded on : Wed Jan 15 23:03:23 IST 2020 C/SA/298/2019 ORDER of Civil Procedure as the Respondent No.1 does not have any cause of action to prefer the present suit?

(3) Whether the Lower Court was justified in deciding the entire appeal at the stage of hearing of the application, Exh.25, preferred by the Respondent No.1 herein and without hearing the parties on the merits of the entire appeal?

(4) Whether the Lower Court was justified in reversing the judgment and order passed by the Trial Court without assigning any germane reason for the same?

The appeal is required to be admitted on the above substantial questions of law.

ADMIT.

(G.R.UDHWANI, J) ORDER IN CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/SECOND APPEAL NO. 298 of 2019 :

Though served none has appeared to this Civil Application seeking injunction against the judgment and decree. The injunction is operated since 09.08.2019. In the facts and circumstances of the case, the order dated 09.08.2019 is ordered to be continued till further orders.

Civil Application to be heard with the main matter.

(G.R.UDHWANI, J) BDSONGARA Page 2 of 2 Downloaded on : Wed Jan 15 23:03:23 IST 2020