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1967 Supreme(Guj) 77

J.M.SHETH
KANBI MAVJI KHIMJI – Appellant
Versus
KANBI MANJIBHAI ABJIBHAI – Respondent


Advocates Appeared: C.T.DAN, I.M.NANAVATI

J. M. SHETH, J.

( 1 ) THIS is a revision petition filed by the original plaintiffs under sec. 115 of the Civil Procedure Code against the order passed by the learned Civil Judge Senior Division Kutch-Bhuj Shri R. H. Mavani in a Civil Suit No. 104 of 1967 filed by the plaintiffs-petitioners against the opponents-defendants refusing the request made by the petitioners to order the attendance of the original defendants Nos. 3 and 7 who had filed affidavits for cross-examination.

( 2 ) THE plaintiffs-petitioners had obtained an ad-interim injunction in the aforesaid suit filed by them. The opponents Nos. 3 and 7 filed affidavits in support of their say that it was not a case where interim injunction could be granted and ad-interim injunction granted by the Court should be vacated. In that proceeding the present petitioners filed Ex 6 requesting the Court to direct the attendance of the opponents Nos. 3 and 7 who had filed affidavits for enabling the petitioners to cross-examine them. By the impugned order that request of theirs was turned down.

( 3 ) SHRI C. T. Daru the learned Advocate appearing on behalf of the petitioners contended that the provisions of order 19 Rules 1 and 2 would








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