CHHAGANBHAI MEGHJIBHAI BHANUSHALI Vs. DILIPJI BALDEVJI BIHOLA

JUDGEMENT

(1.) The present petition is filed under Section 115 of the Code of Civil Procedure by the petitioner for the purpose of challenging the legality and validity of an order dated 28.9.2018 passed below Exh.23 in Regular Civil Suit No.56/2016.

(2.) The case of the petitioner is that the petitioner has filed a suit for permanent injunction and declaration before the learned Principal Civil Judge, Ahmedabad (Rural) which was registered as Regular Civil Suit No.56/2016.

(3.) The petitioner during the pendency of suit had also preferred an injunction application below Exh.5 which came to be rejected and simultaneously also preferred an application for appointment of Court Commissioner in which the defendant appeared and has submitted their reply. On account of making challenge to the order of Exh.5, learned advocate is changed by the petitioner and concerned advocate had drawn the attention about the prayer of specific purpose since not made in the suit on account of which the question of jurisdiction has cropped up and the applicant submitted an application below Exh.23 which came to be rejected by the learned Civil Judge. Subsequently, the said order passed below Exh.23 came to be challenged by way of revision application No.301/2018 and this Hon'ble Court on 18.7.2018 was pleased to remand back the matter for deciding the issue involved once again and then subsequently pursuant to that the remand proceeding went on, however, unfortunately, without considering the fact and settled proposition of law, learned Judge was pleased to once again rejected the request vide order dated 28.9.2018 which is made the subject matter of present revision application.