Gujarat High Court Case Information System Print SA/7/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SECOND APPEAL No. 7 of 2008 ========================================================= RAVJIBHAI JIVABHAI PATEL - Appellant(s) Versus RAMESHBHAI MAHIJIBHAI PATEL & 3 - Defendant(s) ========================================================= Appearance : MR RAJESH K SHAH for Appellant(s) : 1, MR MA PAREKH for Defendant(s) : 1,3 - 4. NOTICE SERVED for Defendant(s) : 2, None for Defendant(s) : 2.2.1, 2.2.2, 2.2.3,2.2.4 ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 14/07/2008 ORAL ORDER
following substantial questions of law arise for consideration:
the suit filed by the original plaintiff and respondent no.1 herein
is barred by Section 5 of the Limitation Act in view of Exh.147 which
is a registered document dated 3-4-1975.
the judgment and decree passed by the learned appellate Judge in
Regular Civil Appeal No.342 of 2006 (old Regular Civil Appeal No.119
of 2000) below Exh.42 and 43 is against the provisions of Section 54
of the Transfer of Property Act in view of the registered sale deed
dated 3-4-1975 below Exh.147 before the learned trial Court.
the learned appellate Judge has misconceived and misinterpreted the
evidence adduced and proved before the learned trial Judge below
Exh.119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 143 and 147,
under the provisions of the Evidence Act?