DHANJIBHAI VELJIBHAI CHAUDHARY Vs. CHAUDHARY BECHARBHAI VELJIBHAI

JUDGEMENT

(1.) Rule.

(2.) This petition under Article 227 of the Constitution of India is filed by the petitioner-original plaintiff praying for to issue writ of mandamus or certiorari and/or any other writ, order or direction in the nature of mandamus or certiorari quashing and setting aside the impugned order dtd. 17/3/2020 passed by learned Principal Civil Judge, Satlasana, District: Mahesana passed in application preferred below Exhibit 1 in CMA No. 5/2018 (Annexure-A) in the Regular Civil Suit No. 20 of 2015 and further be pleased to pass necessary orders for rectifying/correcting the name of the village from "Sudasana" to "Sadarasan" in the decree dtd. 3/7/2018 passed in Regular Civil Suit No. 20 of 2015 passed by the learned Principal Civil Judge, Satlasana, District: Mahesana (Annexure-D).

(3.) Facts in nutshell of the case on hand are that the petitioner herein had filed a Regular Civil Suit No. 20 of 2015 for declaration before the Court of learned Principal Civil Judge, Satlasana, which came to be partly allowed by the judgment and order dtd. 3/7/2018 and a decree was drawn accordingly, on 14/8/2018. Thereafter, since the petitioner-plaintiff came to the know about the error in showing the name of village "Sadarasan" as "Sudasana", filed an application being Misc. Civil Application No. 5 of 2018 under Ss. 151, 152 and 153 and under O. XLVII R. 1 of the Civil Procedure Code, 1908 (for short, 'the CPC") before the learned trial Court. However, the said application came to be dismissed by the learned Principal Civil Judge, Satlasana by an order dtd. 17/3/2020, being grieved by the same, the petitioner-original plaintiff is before this Court by way of this petition.