YATIN CHANDULAL DAVDA Vs. CHANDULAL PURSHOTTAMDAS DAVDA

JUDGEMENT

(1.) The captioned Appeal from Order has been filed challenging the order dtd. 31/12/2022 passed by the learned Chamber Judge, Court no.21, City Civil Court, Ahmedabad whereby, application Exhs.6/7, has been rejected.

(2.) The matter was argued; however, Mr Rasesh H. Parikh, learned advocate appearing for the appellant and Mr Anshin H. Desai, learned Senior Advocate with Mr Parth H. Bhatt, Mr Hursh P. Jani and Ms Khyati Chugh, learned advocates appearing for the respondents, agree that the matter be remitted to the Court below and let the Court below, decide it within a time-bound schedule after hearing all the parties.

(3.) A bare perusal of the order suggests that it is bereft of any reasons. In the opinion of this Court, such order would not be tenable and the learned Judge is bound to assign reasons and is required to discuss the ingredients of Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. Therefore, on this count, the order deserves to be interfered with.