DIPAKKUMAR KIRITLAL SHAH Vs. DINESHKUMAR JORMALBHAI MODI

JUDGEMENT

(1.) THE appellant - ori. defendant has filed this Second Appeal under Section 100 of the Civil Procedure Code challenging the order and judgment passed by the learned Presiding Officer, Fast Track Court, Palanpur on 4.8.2007 in Regular Civil Appeal No.22 of 2004 as well as the judgment and decree dated 1.3.2007 passed by the learned Additional Senior Civil Judge, Palanpur in Regular Civil Suit No.241 of 1994.

(2.) THIS Court has issued notice on 27.8.2008 and granted stay against the execution of the judgment and decree of both the Courts below till the returnable date. The Court has also called for the records and proceedings of both the Courts below. The records and proceedings were called for only on submission made by the learned advocate appearing for the appellant that the Court Commissioner had never intimated to the appellant about the date of recording of evidence of the plaintiff at Mumbai, so also, the actual date of time of recording of deposition of plaintiff at Mumbai in writing that too in advance which can be said to be a reasonable period, which would make the party available for cross -examination of the plaintiff to be examined at Mumbai.

(3.) PURSUANT to the above order, records and proceedings were received by the Court. Despite service of notice nobody appears on behalf of the respondent - ori. plaintiff.