DHIREN MANHARLAL DADIYA Vs. CHETAN HARIDAS RADIYA

JUDGEMENT

(1.) THE present petition is converted from Civil Revision Application filed by the petitioner against the order passed by the learned Jt. Civil Judge (J. D.) Jamnagar in Summary Suit No. 10 of 2002 below an applications Ex. 6 and 15 refusing unconditional leave and imposing condition to deposit Rs. 25,000/ -. Initially notice was issued in the Civil Revision Application on 29. 11. 2002 and proceedings of Summary Suit No. 10 of 2002 pending in the Court of Jt. Civil Judge (J. D.) Jamnagar, were stayed. Thereafter, by an order dated 6. 4. 2004, Civil Revision Application was allowed to be converted in Special Civil Application as the Civil Revision Application has been filed against the interlocutory order and by virtue of an amendment in the Civil Procedure Code the Civil Revision Application was not maintainable.

(2.) HEARD Mr. Mehul S. Shah, learned advocate appearing for the petitioner and Mr. Gulshan Nasha for Mr. Nirav C. Thakkar, learned advocate for the respondent. The Court would have gone into the merits of the matter, but for the fact that the suit is of 2002 and impugned order passed by the learned Civil Judge is of 28. 10. 2002. But for the stay granted by this Court against further proceedings in the suit, the suit could have been disposed of by this time. Be that as it may, instead of deciding this petition at this stage, interest of justice would better be served if the trial Court is directed to decide and dispose of the suit without being influenced by the interim order. It is only for this reason while quashing and setting aside the impugned order imposing condition to deposit Rs. 25,000/- and while granting unconditional leave to the petitioner to defend the suit, the Court hereby directs the learned Civil Judge to decide and dispose of the suit, as it is already ripe for final disposal, within one year from the date of receipt of the writ or from the date of receipt of certified copy of this order, whichever is earlier.

(3.) IT is made clear that the Court has not expressed any opinion on the controversy between the parties and the trial Court shall decide the suit on the basis of evidence that may be led by the parties and without being influenced by the order of the trial Court as well as by this Court.