LAWS(GJH)-2023-4-392

RATILAL PARBATBHAI SHINGALA Vs. STATE OF GUJARAT

Decided On April 05, 2023
Ratilal Parbatbhai Shingala Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Mr. Amar D. Mithani and Mr. Bhaumik Dholariya, learned advocates appearing for the petitioners and Mr.Manraj Barot, learned AGP appearing for the respondent - State.

(2.) Present applications are filed challenging the impugned common order dtd. 8/4/2022 passed below Exh.29 application and below Exh.35 application in nd Regular Civil Appeal No.16 of 2015 by the learned 2 Additional District Judge, Una, in which the application preferred by the petitioners under the provisions of Order 41 Rule 7/27 of the Code of Civil Procedure are dismissed.

(3.) Learned advocates appearing for the petitioners have submitted that the impugned common order passed by the appellate Court below is erroneous on several grounds, which are urged in the petitions. Therefore, he has prayed that no harm will cause, if the petitioners are permitted to produce his evidence by allowing application Exh.29 and Exh.35 and the appellate Court below has not properly considered the provisions of Order 41 Rule 7/27 of Code of Civil Procedure, 1908.