Oriental Fire And General Insurance ... vs Aminbhai Pirmohomad Master And Ors. on 28 January, 1986
15. Mr. Shethna drew our attention to a decision rendered by one us (Coram : J P Desai J) reported in Balkrishna Chatrabhuj Thacker v Devabai w/o Jadavji Hansraj [1985] Gujarat Law Herald 654, in support of his submission that this court should exercise the powers under Order 41, rule 33 of the case. In that case, the question was whether this court should exercise the powers under Order 41, rule 33, Civil Procedure Code, when a decision was rendered by a Full Bench of this court during the pendency of the first appeal in the District Court overruling some decisions of Division Benches of this court, holding that a tenant inducted by a mortgagee was not entitled to protection from being evicted under the Rent Act. The decision was rendered by the Full Bench during the pendency of the appeal and, therefore, this court exercised the powers under Order 41, rule 33, Civil Procedure Code, for the reasons recorded in that judgment. Here, there is no change of any circumstances nor any change of law pending this appeal and, therefore, the above decision cannot be pressed into service in the present case.