JAGRAJSINGH MUKHTYARSINGH SHIKH Vs. NODE HANIFABHAI OSMAN

JUDGEMENT

(1.) Heard learned Advocate Mr. B.Y.Mankad for the Petitioner through video conference. Learned Advocate for the other side has not remained present though served.

(2.) The Petitioner (Original Plaintiff) has filed this petition under Article 227 of the Constitution of India as well as under Order 11 Rule 14 and Order 13 Rule 1 of the Code of Civil Procedure (for short "the Code") for the following prayer:

(3.) Learned Advocate for the Petitioner has drawn the attention of this court at page no. 15 which is an order dated 8.2.2012 passed by the learned Principal Civil Judge, Naliya - Kachchh, whereby the Application Exh.18 [Under Order 39 Rule 1 of C.P.C.] of the Respondent (Original Defendant) was disallowed. It is submitted by the learned Advocate for the petitioner that, subsequently, after 7 months, the same Application of the Respondent (Original Defendant) at Exh.28 [under Order 11 Rule 14 C.P.C.] came to be allowed by the same learned Judge after seven months vide order dated 12.9.2012.