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1982 Supreme(Guj) 120

B.K.MEHTA
NATVARLAL M. BADIANI – Appellant
Versus
JERAMBAI AMAD – Respondent


Advocates Appeared: AKSHAY H.MEHTA

B. K. MEHTA, J.

( 1 ) THE comedy of inadvertent error is the real cause in this miscellaneous civil application moved by the petitioners herein who are respectively a practicing senior advocate in the district Court at Jamnagar and the courts subordinate thereto and his client who was original opponent of Miscellaneous Civil Application No. 52 of 1981 on the file of the Court of learned Assistant Judge Jamnagar filed by the wife of petitioner No. 2 for the custody of their child. In the said custody proceedings petitioner No. 2 moved the Court for raising preliminary issue about the competency of the main application. This he did by presenting an application to the Court on 13/11/1981 vide Ex. 27. The learned Assistant Judge by his order of 27/11/1981 rejected the said application and refused to raise the preliminary issue as prayed for. Petitioner No. 2 therefore moved the learned Assistant Judge for review of the said order on 22/12/1981 which was numbered as Review Application No. 6/81. Petitioner No. 2 was represented by petitioner No. 1 as his Advocate in the said review application. It is to admitted position that there were many typographical errors in the said application. O








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