SHRINATH TRADERS Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) These civil revision applications arise from the common order of the Chamber Judge, Court No. 10, City Civil Court, Ahmedabad, below Ex. 28, in summary suits between the same parties, though for different Hundis, and as such, the same are being taken up for hearing together and are being disposed of by this common order.

(2.) . The facts of the case are taken from civil revision application No. 416 of 1995 to understand the controversy and for decision of these civil revision applications.

(3.) . The plaintiff-respondent No. 1 filed a civil suit No. 3301 of 1984 in the City Civil Court at Ahmedabad against the defendant-petitioner for recovery of amount of unpaid Hundis which were drawn by M/s. Bhalakia Mills Company Ltd. and accepted by the petitioner. The suits have been filed on different dates in the year 1984. After service of summons of the suit, the defendant-petitioner filed an application for grant of leave to defend the suit unconditionally. The application filed by defendant-petitioner for grant of unconditional leave to defend has been accepted by the learned Trial Court in the year 1986 on different dates. After the grant of unconditional leave to defend, the defendant-petitioner filed on application in all the suits purporting to be under Rule 83 of the Ahmedabad City Civil Court Rules, 1961, and prayer has been made therein that M/s. Bhalakia Mills Company Ltd. and Shri Ravindra C. Mehta be ordered to be impleaded as defendants in the suit. Chamber Summons have been taken out and thereon the learned Trial Court has passed the order on 6th August 1986, by which defendant-petitioner was granted leave to issue party-notices to aforesaid two parties. After service of notices and hearing the arguments of all the concerned parties, under the impugned order, i.e. 8.12.1994, the said application came to be dismissed. Hence these revision applications before this Court.