NARESHCHANDRA CHINUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision petition is filed by the original plaintiff under sec. 115 of the Civil Procedure Code against the order passed by the learned Judge of the Small Causes Court, Ahmedabad, below application, Ex. 40, in Summary Civil Suit No. 5879 of 1971, dated 30-8-1974.

(2.) Facts leading rise to this revision petition, briefly stated, are as under :

(3.) A short question that arises for consideration in this revision petition is, whether the aforesaid view taken by the trial Court is justified in law in view of the provisions of Order 6, rule 18 of the Civil Procedure Code (which will be hereinafter referred to as "the Code"). That rule reads :