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.) . It is pertinent to note that, the petitioner/applicant is original defendant whereas present opponents are the original plaintiffs who filed Civil Suit No. 5388 of 1985, before the City Civil Court, Ahmedabad for recovery of possession of the premises, which, according to the original plaintiffs (present respondents) was trespassed by the applicant (Original defendant). It is the case of the petitioner herein that, the present opponents have filed one HRP Suit No.3017 of 1985, before the Small causes Court at Ahmedabad for recovery of possession of the rented premises more particularly, on the east and north portion of the ground floor of the premises bearing Municipal Census No. 1268-1-1 and room situated on east of the first floor and rooms situated on the north, interalia containing that the applicant is tenant on the suit premises.