BABUBHAI RAMABHAI ZANKAT Vs. SANTOKBEN KARSHANBHAI VADUKAR

JUDGEMENT

(1.) The present petition is filed by the petitioners challenging the impugned order dtd. 17/10/2022 passed below Exh.13 in Regular Civil Appeal No.17 of 2022 by the Additional District Judge, Keshod, whereby the appellate Court below has allowed the application under Order VI Rule 17 of the Code of Civil Procedure, 1908. The said application was for correction of the typographical error in the application Exh.5.

(2.) Heard learned advocates.

(3.) Learned advocate Mr.Dev D. Patel for the petitioners has submitted that though the present petitioner has filed has appearance, the respondent No.1 herein has filed an application for preponement of the hearing without informing the present petitioners and it was allowed in absence of the present petitioners. He has submitted that he has filed other applications by which he has alleged that the respondent No.1 has made incorrect statement in the pleadings and therefore, he has submitted that amendment which is granted in his absence without any opportunity of hearing to the present petitioners, is required to be set aside. He therefore submits that this petition may be allowed.