Bhagvatsinh Gajsinh Parmar vs Chandrasinh Ramsinh Parmar on 13 February, 2020

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Gujarat High Court

Bhagvatsinh Gajsinh Parmar vs Chandrasinh Ramsinh Parmar on 13 February, 2020

Bench: R.P.Dholaria

          C/SCA/12812/2019                                           ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 12812 of 2019
                                With
            R/SPECIAL CIVIL APPLICATION NO. 12776 of 2019
================================================================
                      BHAGVATSINH GAJSINH PARMAR
                                 Versus
                      CHANDRASINH RAMSINH PARMAR
================================================================
Appearance:
MR RUSHABH R SHAH(5314) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MR MANAN K PANERI(7959) for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2.1,2.2,2.3,2.4,3,4
================================================================
 CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
                    Date : 13/02/2020
                 COMMON ORAL ORDER

By way of present petitions, invoking the provisions of Article 227 of the Constitution of India, the petitioner - original defendant No.1 in Special Civil Suit No. 52 of 2010 pending before the learned Principal Senior Civil Judge, Surendranagar, has challenged order dated 12.06.2019 passed below Exh.322 and order dated 12.03.2019 passed below Exh.321 which were preferred for getting final exhibition of the documents as well as for adding two issues in the pending suit. By the said orders, aforesaid both the applications came to be dismissed by the learned trial court.

2. Heard learned advocates for the respective parties at length.

3. So far as application Exh.321 is concerned, indisputably, the learned trial court has tentatively exhibited the documents commencing from 103 to 118. This Court has also gone through the documents which are in the nature of revenue record, title report and communication made by learned advocate. Consequently, the aforesaid documents are required to be certified finally subject to challenge as regards its evidentiary value from the plaintiff. The Page 1 of 2 Downloaded on : Fri Feb 14 23:39:37 IST 2020 C/SCA/12812/2019 ORDER learned trial court shall accordingly appreciate and consider that the aforesaid documents are exhibited.

3.1 As regards adding of issues, as submitted by learned advocates, the trial is already over. Even otherwise also, the issue as to whether the plaintiff was agriculturist or not, that issue could only be decided by the concerned Revenue Authority. The civil court is not competent to decide such issue. So far as another issue as to whether the suit is barred for non-joinder of necessary party is concerned, it shall be added as additional issue and for deciding the said issue, indisputably, no evidence either oral or documentary is required to be adduced. It would not cause any prejudice and both the parties would address on the said issue.

4. With the aforesaid observations and direction, both the Special Civil Applications stand disposed of.

5. The learned trial court shall forthwith resume the hearing and shall lead it to its logical conclusion timely.

Direct service is permitted.

(R.P.DHOLARIA, J) chandrashekhar Page 2 of 2 Downloaded on : Fri Feb 14 23:39:37 IST 2020

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Gujarat High Court