STATE OF GUJARAT Vs. NATVARSINH PRATAPSINH PADHIYAR

JUDGEMENT

(1.) Heard Ms. G.S. Bhatt, learned Assistant Government Pleader for the Revisionists and Ms. Falguni D. Trivedi, learned advocate for the opponent.

(2.) This Revision Application under section 115 of the Civil Procedure Code challenges order dated 12.04.2007 passed by the Presiding Officer [Fast Track Court No.3], Bhavnagar in Misc. Civil Appeal No. 52 of 2006 by which the learned lower appellate Judge modified the order dated 04.05.2006 passed by the Principal Senior Civil Judge, Bhavnagar below Exh. 5 in Regular Civil Suit No. 519 of 2006.

(3.) The learned trial Court dismissed the application Exh.5 filed in the Suit, but the learned lower appellate Court granted interim relief till final disposal of the Civil Suit to the effect that the plaintiff be treated as daily wager, and directed the trial Court to dispose of the Suit within three months. Being aggrieved by the order passed by the lower appellate Court this Revision Application is preferred by the Revisionists. While admitting this Revision, this Court granted interim relief staying the operation and implementation of the order passed by the lower appellate Court.