RANCHHODBHAI NATHABHAI SARVAIYA Vs. ASHWINBHAI DHIRAJBHIA PARSANA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the original defendant. The petitioner is aggrieved by the order dated 11.08.2015 passed by the learned 4th (ad-hoc) Judicial Magistrate First Class, Gondal below Exh.32 by which petitioner's application Exh.32 for deciding the issue of res judicata as a preliminary issue was rejected.

(2.) The facts in brief are as under:-

(3.) Mr. Nishant Lalakiya, learned advocate appearing for the petitioner has assailed the order of the trial Court and submitted as under:-