MOHMMADHUSAIN NOORMOHMMAD MOMIN Vs. AHMEDHUSAIN RASULBAX AND ORS

JUDGEMENT

(1.) LEARNED advocate Mr.M.B.Gandhi for the appellant, at the time of hearing, has urged with emphasis sole ground viz. despite the order passed by this Court in Civil Revision Application, to hear the suits on the same subject matter together, the learned trial court has seriously erred in disposing of one of the suits i.e. Special Civil Suit No.3905 of 1999 by passing order below Exh.1.

(2.) IN pursuance to above submission of learned advocate Mr.Gandhi, R and P was called for. I have perused the same.

(3.) FOR the purpose of disposal of this appeal and answering the contentions raised by the appellant, it is not necessary to refer in detail the facts of the case. It would be enough to say that Ahmedabad Municipal Corporation has issued notice under Section 260 of the BPMC Act on 28.6.1999. The plaintiff had filed a Civil Suit No.3905 of 1999 challenging the legality and validity of the said notice on 9.8.1999. The appellant herein had applied to join him as party in that suit. The appellant is a neighbourer of the plaintiff. The learned trial court has allowed appellant s application to join him as a party. Against that order, the plaintiff of the said suit had filed Civil Revision Application No.1861 of 1999 before this Court. It may be stated that the appellant herein had also filed the suit against the plaintiff of Regular Civil Suit No.3905 of 1999 i.e. Civil Suit No.4709 of 1999. In the Civil Revision Application filed by the original plaintiff before this Court, though the same was dismissed the Court has observed at the end that, However, in case either of the party applies to the Court concerned, the suit may be consolidated and be tried together. .. The above Civil Revision Application was disposed of by this Court on 7.2.2000.