RATANJIBHAI MANJIBHAI VAGHELA Vs. KESARKHA BADARKHA BLOCH

JUDGEMENT

(1.) RULE . Ms. Medha N. Pandya, learned advocate, waives service of notice of Rule for the respondent. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) THE challenge in this petition under Article 227 of the Constitution of India, is to the impugned judgment and order dated 13.12.2013, passed by the learned Second Additional District Judge, Rajula ("the District Court" for short), in Civil Miscellaneous Appeal No. 12 of 2012, whereby the order dated 19.07.2012, passed by the learned Principal Civil Judge, Jafrabad, rejecting the application at Ex. 40, preferred by the respondent (plaintiff) under Order 6 Rule 17 of the Code of Civil Procedure, 1908 ("the Code" for short), has been quashed and set aside.

(3.) THOUGH a perusal of the memorandum of the petition discloses that the petitioner has taken various grounds on the merits of the case in support of his challenge to the impugned order, however, while making submissions before this Court, Mr. B.D. Karia, learned advocate for the petitioner, has focussed only on one ground which, according to him, is decisive and would render the other grounds unnecessary.