JONATHAN HIRALAL LEVY Vs. HIRALAL KASANABHAI KHRISTI

JUDGEMENT

(1.) The present petition is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order passed by the learned Principal Senior Civil Judge, Nadiad in Regular Civil Suit No.349 of 2007 below application Exh.162 dtd. 27/10/2023.

(2.) Heard learned Party-in-Person at length.

(3.) The learned Party-in-Person has submitted that the learned trial Court has committed error of law by not allowing the application Exh.162. He has further submitted that the learned trial Court has not properly appreciated the documents produced on record and submissions made by the petitioner. He has submitted that the learned trial Court ought to have considered the ratio of binding decisions applicable to the facts of the present case. He has submitted that the learned trial Court has materially erred in exercising the jurisdiction not vested in it by law and has acted illegally and arbitrarily and passed the impugned order. He has submitted that this petition may be allowed.