RAMESHBHAI KALABHAI MAKWANA Vs. HIRJIBHAI KALABHAI MAKWANA

JUDGEMENT

(1.) The present First Appeal is filed on 24th September, 2001 being aggrieved by the judgement and decree dated 17/07/2001 passed by the learned Joint Civil Judge (S.D.), Gondal in Special Civil Suit No. 14 of 1989.

(2.) On 26/12/2001, this Court passed the following order : "Admit. Expedited." On the accompanied Civil Application No. 13072 of 2001, the Court was pleased to pass the following order :

(3.) On 18th June, 2002, the learned Advocate for the appellant-applicant pointed out that the defendants, after having filed written statement at Exh. 29, did not remain present before the Court below, as is mentioned in the judgement under challenge before this Court. The learned Advocate also pointed out the nature of controversy involved in the matter. He submitted that the learned Judge of the Trial Court has committed gross error in dismissing the suit despite answering the issue no.1-"Whether the plaintiff proves that the suit property is still a joint property", in the affirmative, and, after having answered issue no. 2-"Whether the defendant no.1 proves that the plaintiff has separated from the family by taking his share as per oral partition", in the negative.