(1.) The present application under Article 227 of the Constitution is at the instance of original plaintiff No.2 of Regular Civil Suit No.4400 of 1987 instituted in the Court of City Civil Judge at Ahmedabad challenging the legality and validity of order dated 10/03/2004 passed by the Aux. Cham. Judge, Court No.16, Ahmedabad below Exh.121 in Reference No.6 of 1998 in Civil Suit No.4400 of 1987.
(2.) The question of law which falls for my consideration in this application under Article 227 is as under : -
(3.) The facts relevant for the purpose of deciding this petition can be summarized as under : -