SHAMJIBHAI KUTCHWALA Vs. MULSHANKAR BHAGWANJIBHAI

JUDGEMENT

(1.) RULE. Mr.Bhavesh Hajare, learned advocate waives service of notice of Rule on behalf of respondent Nos.1 & 4 and Mr.B.T.Rao, learned advocate waives service of notice of Rule on behalf of respondent Nos.2 & 3.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present Civil Revision Application is taken up for final hearing today.

(3.) MR.S.M.Shah, learned advocate appearing on behalf of the petitioner herein has vehemently submitted that while deciding the application Exh.18, by which, it was requested to frame preliminary issue with respect to limitation and without raising preliminary issue with respect to limitation, learned Trial Court is not justified in deciding the said issue and in holding that execution petition is within period of limitation. In support of his above submission, he has relied upon decision rendered by learned Single Judge in the case of Bharat Heavy Electricals Ltd. V/s. General Contract Company reported in 1995(2) GLH 1029. He has also relied upon decision of this Court rendered in the case of Uttar Gujarat Vij Co.Ltd. V/s. Dhulabhai Kodarbhai Vankar and another reported in 2009(1) GLH 1. By making above submissions and relying upon above decisions, it is requested to allow the present Civil Revision Application.