PRAKASHCHANDRA KESHAVBHAI KACHHADIYA vs BHIKHABHAI DAYABHAI SOJITRA Advocate - K J GAUSWAMI — 5/2022

Court Order Summary Case: SPCS No.05/2022 | Court: Additional Senior Civil Judge & Chief Judicial Magistrate, Junagadh | Date: 22/04/2025 Outcome Application REJECTED: The defendants' application seeking rejection of the plaintiff's plaint under Order 7, Rule 11 of the CPC has been rejected. The suit will proceed to trial. Key Points - The plaintiff adequately pleaded a cause of action based on a registered 1983 sale deed, documented revenue entries, and alleged forcible dispossession on 05.03.2022. - The suit is not barred by limitation (falls under Article 65 of the Limitation Act with a 12-year period; dispossession occurred within this timeframe). - The court emphasized that defendant's written statement and factual disputes cannot be considered when deciding plaint rejection under Order 7, Rule 11—only plaint averments matter at this threshold stage. - The plaint discloses sufficient material facts to warrant judicial determination; whether the plaintiff ultimately succeeds is a matter for full trial, not preliminary dismissal. This case analysis is maintained by casestatus.in based on publicly available court records.