ASHOKKUMAR SEVAKRAM RANGLANI Vs. LAXMANDAS SATRAMDAS

JUDGEMENT

(1.) THE petitioner original plaintiff has filed Civil Revision Application No.185 of 2001 challenging the order passed by the learned City Civil Judge, Ahmedabad on 4.7.2000 below an application Ex.112 in Civil Suit No.1413 of 1992 whereby application submitted on behalf of the respondent for amendment of the Written Statement and amendment to the reply to the application Ex.5 has been allowed.

(2.) SIMILARLY the petitioner original plaintiff has initially filed Civil Revision Application No.186 of 2001 under Section 115 of the Civil Procedure Code challenging the order passed by the learned City Civil Judge below an application Ex.100 -A whereby the application moved by the petitioner praying for the relief that the order passed below Ex.53 directing the respondent to remove his cabin as per prayer 8(a), which order was challenged before this Court and Hon'ble Supreme Court and confirmed by both the Courts and despite that since the cabin was not removed, the prayer made for removal of cabin through Court Commissioner, was not granted.

(3.) AS far as first application Ex.112 is concerned, the learned City Civil Judge has rejected the said application on the ground that it is the matter of evidence where both the parties are required to be given adequate opportunity to prove their case and, therefore, if the amendment as prayed for is allowed and granted then the same would help or facilitate the Court in resolving the real issue involved in the suit and, therefore, the prayer set out in the application for grant of the amendment under Order 6 Rule 17 of CPC was granted.