PATEL RAMABHAI VISABHAI Vs. KHODABHAI KHUSHALBHAI PATEL

JUDGEMENT

(1.) THE petitioner ? original plaintiff has filed this petition under Articles 226 and 227 of the Constitution of India with a prayer to quash and set aside the impugned order dated 11.12.2008 passed by the learned Principal Civil Judge, Kadi below Exh.65 in Regular Civil Suit No.80 of 2002.

(2.) THE brief facts giving rise to this petition are as under:

(3.) IN view of the above, this petition is allowed. The impugned order dated 11.12.2008 passed by the learned Principal Civil Judge, Kadi below Exh.65 in Regular Civil Suit No.80 of 2002 is hereby quashed and set aside on condition of the petitioner paying an amount of Rs.2,000/- to the defendant towards the cost as the application for amendment has been submitted by the petitioner ? original plaintiff after one and half years of framing of the issue. Rule is made absolute to the aforesaid extent.