JAGDISH MOTILAL DABHI Vs. KUBERBHAI PARSHOTTAMBHAI SOLANKI

JUDGEMENT

(1.) AS common question of law and facts arise and both this Civil Revision Applications arise out of the common judgment and order passed by the learned Appellate Court, they are disposed of by this common judgment and order.

(2.) CIVIL Revision Application No.1381 of 1998 has been preferred by the applicant hereinoriginal heirs and legal representatives of the original plaintiff to quash and set aside the impugned judgment and order passed by the learned Appellate Bench of the Small Cause Court, Ahmedabad dated 17.8.1998 passed in Appeal From Order No.131 of 1997 by which the learned Appellate Bench has quashed and set aside the order passed by the learned trial Court dismissing the application submitted by the respondent herein under Order 9 Rule 13 of the Code of Civil Procedure to set aside the exparte judgment and decree passed in HRP Suit No.175 of 1996.

(3.) THE facts leading to the present Civil Revision Applications in nutshell are as under: