CHANDRAKANT KANTILAL JHAVERI Vs. MADHURIBEN GAUTAMBHAI

JUDGEMENT

(1.) HEARD learned counsel Shri A. C. Gandhi appearing for the applicant and Shri Prasad M. Bhatt appearing for the opponents. It is submitted by the applicant that the delay of 248 days caused may kindly be condoned taking a liberal and pragmatic view in the matter for the reasons mentioned in the application.

(2.) THE backbone of argument of Shri A. C. Gandhi before us is that in view of the orders passed while rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908, the learned trial Judge ought to have drawn a formal decree so the applicant being orig. plaintiff can prefer statutory appeal provided under the Code of Civil Procedure, 1908. When this application was listed for hearing on 08th September 2008, we had asked the learned counsel for the applicant to tender a certified copy of the 'rojnama' drawn by the learned trial Judge in suit proceedings, more particularly, in reference to the application Ex. 55, preferred after the order under challenge by this present appeal.

(3.) TODAY Shri A. C. Gandhi has tendered certified copy of the Rojnama. We have considered the orders passed by the learned trial Court while rejecting the plaint i. e. order under challenge and also the order of rejection of application Ex. 55.