AMIT YAMUNADUTT Vs. RAVINDRASINGH TARSENSINGH

JUDGEMENT

(1.) THE appellants original plaintiffs have filed this Appeal from order under Order 43, Rule 1 (r) of the Code of Civil Procedure challenging the order passed by the learned City Civil Judge, Ahmedabad below an application Exh. 7 in Civil Suit No. 2429 of 2006 whereby notice of motion application was rejected.

(2.) THIS Court has issued notice on 26.09.2007. Mr. N.K. Majmudar, learned advocate appearing for the respondent No.1 on caveat waived service of notice and for respondent Nos.2 and 3, direct service was granted. Despite service of notice, nobody appears on behalf of respondent Nos. 2 and 3.

(3.) HEARD Mr. A. J. Patel, learned advocate with Mr. Shital Patel for the appellants and Mr. S. B. Vakil, learned Senior Counsel appearing with Mr. N. K. Majmudar for the respondent No. 1. With the consent of the parties, the appeal is taken up for final hearing.