DHRANGADHRA CHEMICALS WORKS LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the appellant ­ original plaintiff to quash and set aside the impugned judgment and order dated 18.01.1990 passed by the learned Appellate Court ­ learned Assistant Judge, Surendranagar in Regular Civil Appeal No.147 of 1983 by which the learned Appellate Court has allowed the said Appeal preferred by the respondents herein ­ original defendants by quashing and setting aside the judgment and decree dated 24.10.1983 passed by the learned trial Court ­ learned Joint Civil Judge (Senior Division), Surendranagar in Regular Civil Suit No.151 of 1978 by which the learned trial Court decreed the suit preferred by the appellant herein ­ original plaintiff and granted the declaration as prayed for.

(2.) FACTS leading to present Second Appeal in nutshell are as under:

(3.) Shri K.S. Nanavati, learned Senior Advocate appearing on behalf of the appellant ­ original plaintiff has vehemently submitted that the learned Appellate Court has materially erred in quashing and setting aside the judgment and decree passed by the learned trial Court consequently dismissing the suit. It is further submitted that the learned Appellate Court has not properly appreciated and considered all the clauses in the agreement dated 29.01.1939 (Exh.43).