DINESHCHANDRA CHIMANLAL MODI Vs. NAVINCHANDRA CHIMANLAL MODI

JUDGEMENT

(1.) IN this appeal, the appellant ? original petitioner seeks to challenge the order passed by the learned Single Judge dated 3rd February 2011 passed in Special Civil Application No.650 of 2011 whereby the learned Single Judge rejected the petition confirming the order passed by the 8th Additional Senior Civil Judge below Exhibit 238 preferred in Special Civil Suit No.45 of 2002.

(2.) BRIEF facts giving rise to this appeal are as under:-

(3.) IT is evident from the nature of the order passed by the learned Single Judge that having gone through the order passed by the trial Court rejecting the application Exhibit 238 preferred by the appellant ? original defendant No.2 for re-framing of the issues, learned Single Judge, in exercise of his supervisory jurisdiction under Article 227 of the Constitution of India refused to disturb the order. Accordingly, the learned Single Judge rejected the petition confirming the order passed by the trial Court dated 13th January 2009 rejection application Exhibit 238.