JAYESHBHAI GOVINDBHAI BALAR Vs. DIMPLE FILMS PRIVATE LIMITED

JUDGEMENT

(1.) With the consent of the learned advocates for the respective parties, both the writ petitions are being taken up for final disposal. Since the facts are common, both the matters are heard together and are being disposed of by this common judgment.

(2.) Issue Rule, returnable forthwith. Mr.Panthil P. Majmudar, learned advocate appearing for the respondent Nos.1 to 3 waives service of notice of Rule on behalf of the respondent Nos.1 to 3. Though served rest of the respondents, have chosen not to enter appearance.

(3.) Petition being Special Civil Application No.5641 of 2019, under Article 227 of the Constitution of India, the petitioners have prayed for quashing and setting aside the common order dtd. 19/12/2018 passed below application Exhibit 27 by the learned Principle Senior Civil Judge, Surat rejecting the application Exhibit 27 whereby, the petitioners have prayed for amendment of pleadings under Order 6 Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code"). The application Exhibit 27 was filed by the petitioners seeking declaration that the Compromise Decree obtained in Regular Civil Suit No.702 of 1991 drawn by the learned Fifth Civil Judge, Junior Division, Surat, is obtained by fraud and therefore, illegal, void, null and non-est and that no right has accrued in favour of Hanskamal Grover and therefore, the respondent Nos.7 to 10 being the successors of Hanskamal Grover.