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1985 Supreme(Guj) 166

A.S.QURESHI
HASHMUKHLAL HARJIVANDAS SANGHVI – Appellant
Versus
ISHWARLAL JETHALAL PAREKH – Respondent


Advocates Appeared: B.D.PATEL, K.G.VAKHARIA, S.M.SHAH

A. S. QURESHI, J.

( 1 ) THE petitioner herein has challenged the order dated 26/08/1985 passed by the learned Judge Small Causes Court Surat thereby the court had appointed a Commissioner with the direction to prepare a Panchnama of the local inspection in the presence of the parties and there was a further direction that if the premises are found locked the same may be sealed by the Commissioner.

( 2 ) MR. K. G. Vakharia the learned counsel for the petitioner has submitted that the impugned order of the trial court is wholly without jurisdiction and that it is likely to cause irreparable loss and injury to the present petitioner. He therefore urges that the said order be quashed and set arise under the revisional powers of this court under sec. 115 of the Civil Procedure Code.

( 3 ) MR. S. M. Shah the learned counsel for respondent Nos. 1 to who are original plaintiffs has urged that the present revision is not maintainable as it does not fall within the scope of sec. 115 of the Code. Mr. Shall has urged that it cannot be said that the trial court had no jurisdiction to pass the impugned order or that the court had failed to exercise the jurisdiction vested in it or that there is a












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