SURYAPRASAD DINBANDHU VYAS Vs. AHMEDABAD DHOBI PANCH TRUST

JUDGEMENT

(1.) RULE . LAs for the respondents waives the service of rule. With the consent of the LAs for the parties, the matter is taken up for final hearing.

(2.) THE only question which arises for my consideration is as under: - While filing Revision Application under Sec. 115 of the Code of Civil Procedure, whether the Trial Court's written order should be produced on record or oral say of the Trial Court can be the basis of Revision?

(3.) ACCORDING to the petitioner, he, as a defendant in HRP Suit No. 3017 of 1985 contested the HRP Suit however, the suit was decreed against him. An appeal was preferred before the appellate bench of the Small Causes Court, Ahmedabad being appeal No. 73 of 1994. The said appeal was also dismissed and thereafter, the Civil Revision Application No. 337 of 1999 is preferred before this High Court and the same is admitted by this Court, vide order dt. 26.4.1999. The applicant gave application at Exh. 122 in the City Civil Court, for stay of the proceedings under Sec. 10 read with Sec. 151 of the Code of Civil Procedure on the ground that, the relief which has been prayed by the original plaintiffs, in as much as which has been prayed by the present respondent in HRP Suit No. 3017 of 1985. The said application has been rejected by the Trial Court, against which the Civil Revision Application No. 612 of 1999 was filed before this Court. Vide order dtd. 16.8.1999, by this Court (Coram: B.J. Shethna, J) the Civil Suit No. 5388 of 1985, filed in the City Civil Court, was stayed till HRP Suit No. 3017 of 1988, is disposed of finally by the Small Causes Court on or before 30.4.1992.