ABDULRAZZAK SULEMANBHAI BASRA Vs. ABDULSATTAR HAJIDAUD CHAACHADIYA

JUDGEMENT

(1.) THE present Second Appeal has been filed under Section 100 of the Civil Procedure Code challenging the order dated 08.02.2008 passed by the Learned Principal Civil Judge & Judicial Magistrate, First Class, Dhrol in Civil Misc. Application No.6 of 2005 as well as order dated 12.10.2010 passed by the Learned Principal District Judge, Jamnagar in Civil Misc. Appeal No.44 of 2010 with following substantial questions of law :-

(2.) HEARD learned counsel, Mr.N.C. Thakkar for the appellant and learned counsel, Mr.Sudhir Mehta for respondent no.2.

(3.) ACCORDINGLY, the present Second Appeal is allowed. The order dated 08.02.2008 passed by the Learned Principal Civil Judge & Judicial Magistrate, First Class, Dhrol in Civil Misc. Application No.6 of 2005 as well as order dated 12.10.2010 passed by the Learned Principal District Judge, Jamnagar in Civil Misc. Appeal No.44 of 2010 are hereby quashed and set aside and thereby the matter is remanded back to the Court of the Learned Principal Civil Judge & Judicial Magistrate, First Class, Dhrol, who shall decide Civil Misc. Application No.6 of 2005 afresh in accordance with law after hearing all concerned parties.