KASHYAP JAYESHBHAI JETHVA Vs. SUBHADRABEN RASIKBHAI PATEL

JUDGEMENT

(1.) By way of present writ-application under Article 226 and 227 of the Constitution of India the writ-applicant herein - original defendant being aggrieved by the impugned order dtd. 16/11/2021 passed by the learned 3 rd Additional Senior Civil Judge, Ahmedabad (Rural) rejecting the application below Ex.85 in the Special Civil Suit No.339 of 2014 has prayed for the following reliefs :-

(2.) Heard Mr. Nirad Buch, the learned advocate appearing for the writ-applicant and Mr. Harsh Gajjar, the learned advocate appearing for the respondents No.1 and 2 - original plaintiffs.

(3.) Mr. Nirad Buch, the learned advocate appearing for the writ-applicant submitted that the writ-applicant herein preferred an application below Ex.85 to recall the witness of the plaintiffs to put question with regard to the reversal of the transaction, which came to the knowledge of the writ-applicant at the time of cross-examination which was concluded on 25/7/2014. It was submitted that, it transpires from the record that the defendant No.1 refunded the amount to the plaintiffs as back as in the year 2013 and placed reliance on the statement duly produced at page-40 Annexure-H which came on record by way of production of documents by the defendant No.2.