LAWS(GJH)-2019-7-101

JAGDISHBHAI MADHUBHAI PATEL Vs. SARASWATIBEN

Decided On July 29, 2019
Jagdishbhai Madhubhai Patel Appellant
V/S
Saraswatiben Respondents

JUDGEMENT

(1.) This appeal under Section 104 read with Order 43 Rule 1(R) of the Civil Procedure Code, 1908 (for short "the CPC") is at the instance of the original plaintiff and is directed against the order passed by the Principal Senior Civil Judge, Ahmedabad dated 09.10.2015 below Application, Exh.211 in the Special Civil Suit No.66 of 1992. The application, Exh.211 was preferred by the plaintiff under the provisions of Order 39 Rule 2A of the CPC and the same came to be rejected by the Court below by way of the impugned order.

(2.) For the sake of convenience, the appellant herein shall be referred to as the original plaintiff and the respondents herein shall be referred to as the original defendants.

(3.) The facts giving rise to this appeal from order may be summarized as under: