JIGNA MANOJBHAI TANTI Vs. BANK OF BARODA

JUDGEMENT

(1.) RULE. The present petition has been filed by the petitioner under Art. 226 and 227 of the Constitution of India for the prayer that appropriate writ, order or direction may be issued quashing and setting aside the order passed by the learned Addl. Sr. Civil Judge, Rajkot, below Application Ex. 30 and 36 in Regular Civil Suit No. 301 of 2009 dated 5.2.2011 on the grounds set out in the memo of the petition.

(2.) HEARD learned counsel Ms. Sangeeta Pahwa with learned advocate Mr. Tejas Satta for the petitioner and learned counsel Ms. Nalini Lodha for the respondent No.1-Bank.

(3.) SHE, therefore, submitted that at least the amendment ought to have been allowed when the suit itself is raising the very issue regarding the rights based on the Hindu Law. SHE further submitted that it would not change the nature of the suit and therefore the present petition may be allowed.