PRAVINKUMAR KHIMJI Vs. HANSA KANTILAL ALIAS KALPANA KANTILAL

JUDGEMENT

(1.) HEARD. This appeal arises from order dated 17th March 1997 passed in Suit No.3423 of 1991. By the said impugned order, the suit is purportedly disposed of in exercise of powers under Order VIII Rule 10 of Code of Civil Procedure. The impugned order reads thus:

(2.) PLAIN reading of the above order would disclose that the suit was sought to be disposed of in exercise of powers under Order VIII Rule 10 of the Code of Civil Procedure. However, the learned Single Judge has not passed any "judgment" within the meaning of the said expression under Order VIII Rule 10 read with Section 2(9) of the Civil Procedure Code. The law on this point is well settled in view of the decisions in the matter of: