MOHD NISAR AND CO Vs. STATE

JUDGEMENT

(1.) MR. N. M. Lodha, the learned counsel appearing for the non-petitioners submits that the Department has changed its counsel and, therefore, the new counsel should be heard. Since the matter was fully argued earlier by Shri Lodha and is now only fixed for rehearing, I do not consider it proper to permit change of counsel at this stage.

(2.) HEARD learned counsel for the petitioner and the learned counsel appearing for the non-petitioner and perused the record.

(3.) FOR the aforesaid reasons, I am of opinion that the learned trial court has committed a grave error in not exercising its jurisdiction to allow the applications filed by the petitioner under Order 11. Rr. 12 and 14 read with Sec. 151 CPC. It has committed a material irregularity in not exercising the jurisdiction to decide the applications.