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1989 Supreme(Guj) 57

A.P.RAVANI
JAWARMAL RAMKARAN, BOMBAY – Appellant
Versus
PARI KESHAVLAL JAMNADAS,ahmedabad – Respondent


Advocates Appeared: P.M.RAVAL, P.V.Nanavati

A. P. RAVANI, J.

( 1 ) WHAT is important ? Means or the ends ? Adherance to the rules of procedure and instance on strict compliance with the requirements of procedural law may result into failure of justice which is the ultimate object to be achieved in all eases. Hence the questions : What is the object of procedure ? why and where amendment in pleadings should be granted and when the same may be refused ? these questions may be examined and answered by keeping in view the principle that rules of procedure are only means to achieve the end which is justice.

( 2 ) THE respondents-plaintiff tiled suit for recovery of an amount of Nos. 5 37 106. 74 ps. and interest accrued thereon. According to the plaintiffs the amount due was on account of goods sold and delivered and the defendant has not paid the price thereof. The defendant filet written statement and denied the contract of sale between the parties aid resisted the suit on facts as well as on law points. After framing the issues the Court proceeded to record evidence. Oral evidence of the plaintiffs side was over. First witness (one of the partners of the defendant film) was in over. At that stage since the learned Counsel for t


















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