[1.] The present appeal is preferred by the original plaintiff-
Geeta Nagar Co-operative Housing Society Limited (henceforth, “the
society”) through its Chairman, under Section 96 read with Order XLI
of the Code of Civil Procedure, 1908 (henceforth, “the Code, 1908”)
being aggrieved and dissatisfied with the judgment and decree dated
NEUTRAL CITATION
C/FA/4882/2023 CAV JUDGMENT DATED: 07/03/2025
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25.01.2023 passed by learned City Civil Court at Ahmedabad in Civil
Suit No.57 of 2023 (for short, “the impugned judgment and order”). By
the said impugned judgment and order, the learned Judge has
rejected the plaint by suo moto invoking the powers conferred under
Order VII Rule 11 (d) read with Section 151 of the Code of Civil
Procedure, 1908, in light of the judgment of the Hon’ble Supreme
Court in the case of T. Arivandandam vs T. V. Satyapal & Another
reported in 1977 (4) SCC 467. By the said impugned judgment and
order, the learned Judge has also ordered costs of Rs.5,000/- to the
plaintiff towards the valuable time of the Court being consumed, to
be deposited with the Legal Services Authorities, City Civil Court,
Ahmedabad.
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