TARUNBHAI NIRUBHAI BAROT vs GORDHANBHAI KHODABHAI THAKOR Advocate - K B SONI — 4/2022
Case under Code of Civil Procedure Section 9. Status: Plaintiff Evidence. Next hearing: 14th July 2026.
SPCS - SPECIAL CIVIL SUIT
CNR: GJKH020020072022
Filing Number
4/2022
Filing Date
28-Mar-2022
Registration No
4/2022
Registration Date
28-Mar-2022
Court
CIVIL COURT NADIAD
Judge
1-Principal Senior CIVIL Judge & Addl. CJM
Last updated 11-Jun-2026
Acts & Sections
Petitioner(s)
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1.TARUNBHAI NIRUBHAI BAROT
Adv. J G BRAHMBHATT
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2.MAHENDRA NARAYANBHAI VADALIYA
Respondent(s)
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1.GORDHANBHAI KHODABHAI THAKOR Advocate - K B SONI
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2.BUDHABHAI KHODABHAI THAKOR
Adv. K B SONI
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3.BHARATIBEN DAHYABHAI THAKOR
Adv. K B SONI
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4.SHUSILABEN D/O NARSINHBHAI W/O SITARAM BABUBHAI PATEL
Adv. S L VADHIYA
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5.KADIVAR HANSRAJ RAVAJI
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6.TALAT IKBALHUSEB SALEMMAHMAD
Adv. A S TIMBALIA
Case History
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14-Jul-2026
Next hearingPending
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11-Jun-2026
Plaintiff Evidence
Principal Senior CIVIL Judge & Addl. CJM
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23-Apr-2026
Plaintiff Evidence
Principal Senior CIVIL Judge & Addl. CJM
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16-Mar-2026
Plaintiff Evidence
Principal Senior CIVIL Judge & Addl. CJM
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12-Jan-2026
Plaintiff Evidence
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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01-Dec-2025
Plaintiff Evidence
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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03-Nov-2025
Plaintiff Evidence
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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13-Oct-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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15-Sep-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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11-Aug-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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28-Jul-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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26-Jun-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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30-Apr-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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21-Mar-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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01-Feb-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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07-Jan-2025
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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30-Nov-2024
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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11-Nov-2024
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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04-Oct-2024
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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23-Aug-2024
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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31-Jul-2024
Issues
2nd Addl. Sr. CIVIL Judge & A.C.J.M.
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25-Jun-2024
Issues
Principal Senior CIVIL Judge & Addl. CJM
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30-Apr-2024
Issues
Principal Senior CIVIL Judge & Addl. CJM
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04-Mar-2024
Issues
Principal Senior CIVIL Judge & Addl. CJM
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30-Jan-2024
Issues
Principal Senior CIVIL Judge & Addl. CJM
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15-Jan-2024
Issues
Principal Senior CIVIL Judge & Addl. CJM
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27-Dec-2023
Issues
Principal Senior CIVIL Judge & Addl. CJM
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23-Nov-2023
Issues
Principal Senior CIVIL Judge & Addl. CJM
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12-Oct-2023
Issues
Principal Senior CIVIL Judge & Addl. CJM
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14-Sep-2023
Issues
Principal Senior CIVIL Judge & Addl. CJM
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24-Aug-2023
For Counter Affidavit
Principal Senior CIVIL Judge & Addl. CJM
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13-Jul-2023
For Counter Affidavit
Principal Senior CIVIL Judge & Addl. CJM
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08-Jun-2023
For Counter Affidavit
Principal Senior CIVIL Judge & Addl. CJM
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04-May-2023
For Counter Affidavit
Principal Senior CIVIL Judge & Addl. CJM
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06-Apr-2023
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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07-Mar-2023
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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23-Feb-2023
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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02-Feb-2023
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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12-Jan-2023
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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17-Dec-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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03-Dec-2022
OrderView PDF
Case Summary: Sp.C.S. No. 4 of 2022 Outcome: Defendant No. 6's application to reject the plaint under Order 7 Rule 11 CPC was rejected. The court permitted the suit to proceed to trial. Key Issue: Defendant No. 6 argued the suit lacked cause of action, was time-barred under the Limitation Act (should have been filed by 2017), and was based on an unregistered agreement to sell. The plaintiff alleged fraud—that defendants 1-3 took earnest money of Rs. 35 lakhs but never executed the registered sale deed, instead secretly selling the property to successive purchasers without notice. Court's Decision: The court held that fraud allegations and mixed questions of fact and law cannot be decided at the plaint rejection stage. Constructive notice and limitation defenses require evidence. Since the plaint disclosed a cause of action and alleged fraud, the suit does not fall within Order 7 Rule 11(A) or (D) grounds for rejection. This case analysis is maintained by casestatus.in based on publicly available court records.
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03-Dec-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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29-Nov-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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25-Nov-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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17-Nov-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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13-Oct-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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15-Sep-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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01-Sep-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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04-Aug-2022
Written Statement/Reply
Principal Senior CIVIL Judge & Addl. CJM
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07-Jul-2022
Summons - Notice
Principal Senior CIVIL Judge & Addl. CJM
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22-Jun-2022
Summons - Notice
Principal Senior CIVIL Judge & Addl. CJM
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05-May-2022
Summons - Notice
7th Addl. Sr. CIVIL Judge & A.C.J.M.
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16-Apr-2022
Summons - Notice
7th Addl. Sr. CIVIL Judge & A.C.J.M.
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07-Apr-2022
Summons - Notice
7th Addl. Sr. CIVIL Judge & A.C.J.M.
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28-Mar-2022
First hearing
Initial hearing scheduled
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28-Mar-2022
Summons - Notice
7th Addl. Sr. CIVIL Judge & A.C.J.M.
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28-Mar-2022
Case filed
Registration No. 4/2022
Case Summary: Sp.C.S. No. 4 of 2022 Outcome: Defendant No. 6's application to reject the plaint under Order 7 Rule 11 CPC was rejected. The court permitted the suit to proceed to trial. Key Issue: Defendant No. 6 argued the suit lacked cause of action, was time-barred under the Limitation Act (should have been filed by 2017), and was based on an unregistered agreement to sell. The plaintiff alleged fraud—that defendants 1-3 took earnest money of Rs. 35 lakhs but never executed the registered sale deed, instead secretly selling the property to successive purchasers without notice. Court's Decision: The court held that fraud allegations and mixed questions of fact and law cannot be decided at the plaint rejection stage. Constructive notice and limitation defenses require evidence. Since the plaint disclosed a cause of action and alleged fraud, the suit does not fall within Order 7 Rule 11(A) or (D) grounds for rejection. This case analysis is maintained by casestatus.in based on publicly available court records.
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