LAWS(GJH)-2005-9-65

BHARTIYA TECHNICAL INSTITUTE Vs. STATE OF GUJARAT

Decided On September 20, 2005
BHARATIYA TECHNICAL INSTITUTE Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Mr. H. S. Tolia, learned Counsel appearing tor the petitioner and Mr. U. R. Bhatt, learned A.G.P., appearing on behalf of the respondent-State.

(2.) By way of this petition, the petitioner has assailed legality and validity of the order dated 12th January, 2005, passed by the learned Civil Judge (S.D.), Surat, below Application Exh. 8 in Summary Suit No. 6 of 2004 invoking jurisdiction of this Court under Art. 227 of the Constitution of India.

(3.) Having considered the Order under challenge and the reasons assigned by the learned Judge, this Court is of the view that no jurisdictional or legal error can be said to have been committed by the learned Judge. The learned Judge has dealt with the authorities cited by the petitioner-plaintiff resisting the request to condone the delay made by the respondent-defendant. For the sake of brevity and convenience, I would like to reproduce relevant Paragraph : 2 of the Order under challenge, whereby the learned Judge has referred to all the 11 authorities, which are as under :