JAYESH CREATION Vs. AKSHAR IMAGE

JUDGEMENT

(1.) This petition is filed by the petitioner-original defendant being aggrieved by order dated 18th November 2008 passed below exh.163, a copy of which is produced at page 30 & 31 (Annexure 'F') and against order dated 20th November 2008 passed below Exh.166 (Annexure 'G'), pages 32 and 33. The learned advocate for the petitioner submitted that the learned Judge has taken too technical a stand in refusing to allow to fill in the gaps which remained on account of inadvertent mistake on the part of the learned advocate. She submitted that even if it is considered that the order is right on technicalities, it does affect the substantial justice which is the end object of any judicial system. The matter requires consideration. Hence 'RULE'. Mr.M.K. Vakharia, learned advocate waives service of rule.

(2.) Heard Mr.M.K. Vakharia, learned for respondent no.1. At the request of the learned advocate for the petitioner and with the consent of the learned advocate for respondent no.1 the matter is taken up for final disposal.

(3.) Taking into consideration the fact that the blanks were not filled in and the documents were not given pucca number due to inadvertent mistake on the part of the learned advocate it is deemed fit that in the interest of justice orders dated 18.11.2008 and 20.11.2008 be quashed and set aside and accordingly quashed and set aside. The Special Civil Application is allowed. Rule is made absolute. The learned advocate for the petitioner to instruct his counterpart to do the needful in light of the order passed by this Court of allowing this application.