Desai Bharatkumar Prabhudas vs Manila Corporation Idar on 17 February, 2017

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Gujarat High Court

Desai Bharatkumar Prabhudas vs Manila Corporation Idar on 17 February, 2017

Bench: S.H.Vora

                   C/SCA/594/2017                                            ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      SPECIAL CIVIL APPLICATION NO. 594 of 2017

         ==========================================================
                     DESAI BHARATKUMAR PRABHUDAS....Petitioner(s)
                                     Versus
                       MANILA CORPORATION IDAR....Respondent(s)
         ==========================================================
         Appearance:
         MR DJ BHATT, ADVOCATE for the Petitioner(s) No. 1
         NOTICE SERVED for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                                    Date : 17/02/2017


                                     ORAL ORDER

1. By way of this petition under Article 227 of the Constitution of India, the petitioner challenges order dated 4.10.2016, whereby the learned trial Judge framed additional issues being issue Nos.5A and 5B in Special Civil Suit No.15 of 2013 below Exh.38.

2. Though, notice issued to the respondent is duly served, none appears.

3. Having heard the submissions made at bar, it appears that the learned trial Judge added issue Nos.1 and 2 as per application Exh.37 being issue Nos.5A and 5B, whereas, as per order passed by this Court in Special Civil Application No.9840 of 2016, this Court has directed to add issue Nos.1 and 2 of application Exh.41 as issue Nos.5A and 5B.

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HC-NIC Page 1 of 2 Created On Sat Feb 18 01:49:09 IST 2017 C/SCA/594/2017 ORDER

4. In response to the order dated 16.1.2017, the learned trial Judge accepted his mistake and assured that such mistake will not occur in future and he will remain vigilant in future.

5. In light of this remarks, present petition is hereby allowed and the impugned order is hereby quashed and set aside with a direction to the learned trial Judge to add issue as per order passed by this Court in Special Civil Application No.9840 of 2016 and such exercise shall be completed within one week from the date of receipt of copy of this order.

Direct service permitted.

(S.H.VORA, J.) shekhar Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Feb 18 01:49:09 IST 2017

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