AJENDRAPRASADJI N PANDE Vs. SWAMI KESHAVPRAKESHDASJI N

JUDGEMENT

(1.) LEAVE granted.

(2.) THE above appeal is directed against the final judgment and order dated 09.03.2006 passed by the Gujarat High Court rejecting the Special Civil Application No. 1380 of 2006 discharging the Rule issued thereon and vacating interim relief and rejecting the Civil Application No. 2213 of 2006 for interim relief. By the said special civil application, the appellants challenged the order dated 24.01.2006 of the Second Additional Senior Judge, Nadiad rejecting their application Exh. 95 in Special Civil Suit No. 156 of 2002 for leave to amend their written statement on the ground that the appellants had not been able to show in context or the proviso to Order VI Rule 17 of CPC that before the commencement of the trial, the appellants should not have raised the matter in spite of due diligence.

(3.) THE appellants preferred appeal to the High Court challenging the above order. THE High Court admitted the appeal and finally dismissed the application for stay and directed the appeal to be placed for final hearing. On 31.01.2003, the new Acharya was appointed by the Committee constituted pursuant to the Resolution dated 15.05.2002. THE appellants preferred special leave petition No. 3351 of 2003 before this Court challenging the order of the High Court. This Court modified the order of the High Court and requested Chief Justice of the Gujarat High Court to ensure that hearing and disposal of the appeal takes place as expeditiously as possible as according to this Court an important question was required to be decided in the matter. THE High Court dismissed the appeal from Order No. 421 of 2002. SLP No. 1538 (Civil Appeal No. 3380) was preferred by the appellant No.1 before this Court against the above referred judgment of the High Court. THE said appeal was decided and the matter was remanded back to the High Court, inter alia, observed that: