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1974 Supreme(Guj) 135

J.M.SHETH
SHETH CHIMANLAL AMBALAL – Appellant
Versus
SHAH HASMUKHLAL and HASUBHAI KESHAVLAL – Respondent


Advocates Appeared: B.R.SHELAT, G.P.Vyas

J. M. SHETH, J.

( 1 ) THIS revision petition is filed by the original plaintiff against the opponents-defendants under sec. 115 of the Civil Procedure Code against the order passed by the learned Joint Civil Judge Senior Division dated 5-2-1974 in Special Civil Suit No. 50 of 1972 below application Ex. 13.

( 2 ) THE facts leading rise to this revision petition briefly stated are as under:petitioner filed Summary Civil Suit No. 1877 of 1969 in the City Civil Court Ahmedabad on 28-8-1969 to recover a sum of Rs. 10 500 the opponents. Preliminary issue regarding jurisdiction was raised and it was held that the City Civil Court Ahmedabad had no jurisdiction to entertain and hear the suit. The plaint was therefore ordered to be returned to the plaintiff (petitioner) for its presentation to the proper Court on 25 Against that order the petitioner had filed Civil Revision Application on 23-10-1972 in this Court and that was rejected by this Court on 25-10-1972. The petitioner took the plaint from the City Civil Court on 25-15-1972 and presented it to the Court of the Civil Judge Senior Division Mehsana on 26-10-1972 and it came to be numbered as Special Civil Suit No- 50 of 1972- In that su












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