LAWS(GJH)-2008-10-27

LALUBHA MALJIBHA JHALA Vs. RAJENDRASINGH MALABHAI JADAV

Decided On October 08, 2008
LALUBHA MALJIBHA JHALA Appellant
V/S
RAJENDRASINGH MALABHAI JADAV Respondents

JUDGEMENT

(1.) HEARD Shri Jigar Patel, learned advocate appearing on behalf of the petitioner and Shri Kirtidev R. Dave, learned advocate appearing on behalf of the respondent.

(2.) PRESENT petition under Article 227 of the Constitution of India is filed by the petitioner-original plaintiff of Regular Civil Suit No. 21 of 2004 for an appropriate writ, order or direction, quashing and setting aside the order dated 19. 2. 2008 passed by the learned 4th Additional Senior Civil Judge and JMFC, Surendranagar passed below Exh. 49 in Regular Civil Suit No. 59 of 2004 by further directing the learned trial court to try both the civil suits being Regular Civil Suit No. 21 of 2004 and Regular Civil Suit No. 59 of 2004 jointly.

(3.) SHRI Kirtidev Dave, learned advocate appearing on behalf of the respondent has submitted that in fact earlier both the civil suits were ordered to be heard jointly, but as the petitioner tried to take disadvantage of the situation and though the examination-in-chief was recorded in 2004/2005, the cross-examination could not be completed because of the non-cooperation on the part of the petitioner and that was the reason to submit the application Exh. 49.