KISHOREKUMAR Vs. RAJESHKUMAR JAYPRAKASH AGARWAL

JUDGEMENT

(1.) Rule. Ms. V. P. Shah the learned Counsel for the contesting opponents has waived the service of the Rule.

(2.) In paragraph 14 of the memo of the revision application the petitioners have firstly prayed for an order under Section 24 of the Code of Civil Procedure transferring Special Civil Suit No. 473 of 1990 pending in the court of Shri A. J. Brahmbhatt the learned Civil Judge (S.D.) Surat to the court of any other Judge competent to try and decide that suit. In the alternative the petitioners have prayed that the orders passed below applications Exhs. 5 7 8 and 36 in the aforesaid suit by the learned Civil Judge (S.D.) at Surat be set aside. However at the time of hearing of this Civil Revision Application Mr. D. D. Vyas for the petitioners fairly conceded that the order passed by the trial court on Exh. 5 cannot be the subject-matter of this revision petition for that is an order under Order XXXIX of the Code of Civil Procedure issuing certain injunctions and such an order could only be challenged by way of an appeal from order under Section 104 read with Order XLIII of the Code of Civil Procedure. So far as the request for transfer of the suit under Section 24 of the C. P. Code is concerned that request was also not seriously pressed Mr.Vyas at the hearing of this C. R. A. for it was apparent that in the present Revision petition such a request cannot be entertained.

(3.) However at the hearing of this C.R.A. Mr.Vyas for the petitioners very vehemently chal- lenged the orders passed by the trial court on the applications Exhs. 7 and 8 moved by the original plaintiff who is Opponent No. 1 before me and the order on application Exh. 36 which was moved by petitioner No. 2 who is the Defendant No. 5 in the suit.