CHANDUBHAI LAVJIBHAI LUNAGARIYA Vs. RAMNIKBHAI NATHABHAI SARDHARA

JUDGEMENT

(1.) Rule. Learned advocate Ms. Jayani Shah waives service of rule for the respondent.

(2.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner challenges order dated 28.4.2016 passed below application Exh.117 in Regular Civil Suit No.244 of 2012, whereby the learned 3rd Additional Senior Civil Judge, Rajkot allowed the application in exercise of powers under section 151 of the Code of Civil Procedure, 1908 (for short "the Code") permitting the respondent ­ plaintiff to place on record examination -in -chief of the plaintiff on payment of cost of Rs.3000/ -.

(3.) Before submissions made at bar, certain undisputed facts deserve to be noted.