SATHVARA KANTIBHAI HAGOVANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Civil Revision Application has been filed under Section 115 of the Civil Procedure Code with following prayers on the grounds set out in detail in the application :-

(2.) LEARNED counsel, Mr.R.J. Goswami for the applicants has referred to the orders passed including the order, which is produced at Page No.8 in Mamlatdar Court Act Case No.6/2008, which refers to the manner in which the proceedings have been taken. The said order refers to the fact that 23 adjournments were given and still the applicants did not remain present and, hence, the order came to be passed. There is another order passed in Takrari Case No.3/2006 by the Mamlatdar, Kheralu, wherein there is a reference about the merits. However, at the same time, it is specifically stated that as the opponents-applicants herein or their lawyer did not remain present, the right to cross-examine the witnesses was closed and the order came to be passed.

(3.) IN view of the submissions and having perused the papers, as it transpires that it cannot be said that the opportunity was not given to the present applicants. However, at the same time, it is evident that the right of cross-examination was closed and order was passed without affording any opportunity of hearing to the applicants though it was given to the applicants but they did not avail. Therefore, without going into further details, the interest of justice would be served if the matter is remanded back to the same authority for deciding the matter afresh in accordance with law on merits after hearing the parties concerned and after giving opportunity of cross-examining and hearing. Therefore, the present Revision Application deserves to be allowed.