PATEL LALBHAI NATHABHAI Vs. PATEL KANUBHAI VITTHALBHAI

JUDGEMENT

(1.) The present petition filed by the petitioners- original defendants under Article 226 and 227 of the Constitution of India is directed against the order dated 06.03.2014 passed below Exh.29 and the order dated 04.04.2014 below Exh. 73 passed by the 7th Additional Senior Civil Judge, Gandhinagar (hereinafter referred to as "the trial Court") in Regular Civil Suit No. 194 of 2012.

(2.) The short facts of the case as transpiring from the record are that the respondents-original plaintiffs have filed the suit being Regular Civil Suit No. 194 of 2012 against the petitioners- original defendants seeking permanent injunction for restraining the defendants from interfering with the possession of the suit land. The petitioners- defendants filed the written statement resisting the suit contending various grounds. The trial Court framed the issues at Exh. 25 on 10.02.2014. The petitioners-defendants made an application at Exh. 29 requesting the Court to frame an additional issue, as to whether the suit filed by the plaintiffs was barred by law of limitation. The said application was dismissed by the trial Court vide order dated 06.03.2014.

(3.) It appears that thereafter the respondents-plaintiffs submitted an application for examination of the witnesses, and the Power of Attorney holder on behalf of the plaintiffs was examined at Exh. 71. The said witness was also cross-examined by the petitioners-defendants. After the crossexamination of the said witness was over, an application was given on behalf of the plaintiffs to summon the Court Commissioner who had submitted a report in the suit. The Court having accepted the said application, the Court Commissioner was summoned and he had remained present for his examination. At that time, the petitioners-defendants submitted an application at Exh. 73 seeking to recall the Power of Attorney holder examined on behalf of the plaintiffs on the ground that certain questions had remained to be asked. The said application Exh. 73 has been rejected by the trial Court vide order dated 04.04.2014. Hence, being aggrieved by the said two orders dated 06.03.2014 passed below Exh. 29 and order dated 04.04.2014 below Exh. 73, the petitioners have filed the present petition.