LAWS(GJH)-2023-6-1749

VALABHAI JIVABHAI PARMAR Vs. MACCHLIYA HIFJURAHEMANBHAI ABDULABHAI

Decided On June 26, 2023
Valabhai Jivabhai Parmar Appellant
V/S
Macchliya Hifjurahemanbhai Abdulabhai Respondents

JUDGEMENT

(1.) By way of this petition filed, under Article 227 of the Constitution of India, the petitioner seeks to challenge the order dtd. 5/1/2022 passed below Exh.118, in Regular Civil Suit No.198 of 2015, by which the right of the petitioner to lead his evidence has been closed by the learned Trial Court.

(2.) This Court has heard learned advocates Mr.Dipen N. Chaudhary, Mr.Jeet Bhatt, Mr.U.M. Kharadi and Ms.Foram U. Trivedi, learned AGP for the respective parties.

(3.) The petitioner being original defendant of the suit, moved an application Exh.118 inter alia stating that due to change of the advocate on record, he could not furnish his oral evidence as a result, his right to lead oral evidence has been closed by the Court, which may be reopened subject to appropriate cost.