DEVRAJBHAI RAMJIBHAI DHORIYA Vs. SHAMJIBHAI MOHANBHAI JADA

JUDGEMENT

(1.) THIS petition under Article227 of the Constitution of India, has been preferred by the petitioners (original defendants), with a prayer to quash and set aside the impugned order dated 15.11.2013, passed by the learned Principal Civil Judge, Chotila ("the Trial Court", for short), below the application at Exhibit6 filed by the respondent plaintiff in Regular Civil Suit No.138/2013, whereby the said application for appointment of a Court Commissioner has been allowed.

(2.) HEARD Mr.Kirtidev R. Dave, learned advocate for the petitioners and Mr.Haresh H. Patel, learned advocate for the respondentCaveator and perused the averments made in the petition, contents of the impugned order and other documents on record.

(3.) IT is further submitted that the impugned order has been passed in utter violation of the principles of natural justice, hence, it cannot be sustained. The Trial Court had fixed the matter for hearing on 30.10.2013 and the next date was 15.11.2013. On that day, the Trial Court allowed the application of the petitioners for time to file a reply, in spite of the strong objection endorsed by the respondent. Thereafter, the Trial Court has passed the impugned order, without hearing the petitioners. This amounts to reviewing its own earlier order unilaterally. That the petitioners were not even served with a copy of the application at Exhibit6, therefore, they had sought time, which was granted. By passing the impugned order, the valuable right of the petitioners to file a reply and defend themselves, has been denied.