YOGESH K. SHAH Vs. DILIPBHAI K. SHAH

JUDGEMENT

(1.) This petition is preferred under Articles 226 and 227 of the Constitution of India challenging the order of learned Chamber Judge, City Civil Court, Ahmedabad passed in Civil Suit No.322 of 2009 below Exh.22, whereby the application of petitioners under Order VII Rule 11 of the Code of Civil Procedure has been dismissed by the Court.

(2.) Brief facts are as under:-

(3.) An application was given under Order VII Rule 11 of the Code of Civil Procedure urging that the Civil Court has no jurisdiction to try and decide the suit and the Court thereafter on hearing both the sides, rejected such application of the petitioners relying on the decision of the Apex Court delivered in the case of Dwarka Prasad Agarwal (Decd.) by Lrs. And another vs. Ramesh Chandra Agarwala and others, 2003 117 CompCas 206.