MADHUSUDAN RAMBHAI Vs. RANJITBHAI RAMBHAI

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, petitioner (original plaintiff) assails the legality and correctness of the order dtd. 31/3/2017 passed below Exh.No.42 by the learned 6th Additional Senior Civil Judge, Anand , whereby application filed under Order XII, Rule 6 of the Code of Civil Procedure is ordered to be decided with the suit. Consequently, the trial Court has rejected the application.

(2.) Heard Mr.Mehul Shah, learned Senior Counsel assisted by learned counsel Mr. J. M. Shah for and on behalf of the petitioner.

(3.) Learned Senior Counsel submitted that during the pendency of the proceedings, the suit has been transferred from Anand Civil Court to the Court at Petlad and the same is being registered as Special Civil Suit No.12 of 2017 and the matter is at the stage of evidence of defendant. It is in this context it is submitted that when the application at Exh. No.42 was ordered to be decided with the final suit, the trial Court could not have passed the order to reject the application and to that extent, the Court has committed patent error of law.