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1997 Supreme(Guj) 123

R.R.JAIN
NIZAR SADARUDDIN KHOJA – Appellant
Versus
VAIBHAV CONSTRUCTION – Respondent


Advocates Appeared: D.PANDEY, M.N.BHAVSAR, P.K.JANIKIRAN

R. R. JAIN, J.

( 1 ) RULE. Mr. Bhavsar, learned Advocate, waives service of Rule on behalf of the respondents.

( 2 ) SINCE all these Civil Revision Applications are arising from a common order, passed below Exhs. 28, 29 and 54 in Regular Civil Suit No. 72 of 1994, are disposed of by this common judgment. Order below Ex. 28 is challenged in Civil Revision application No. 1234 of 1996, below Ex. 54 in Civil Revision Application No. 1235 of 1996 and below Ex. 29 in Civil Revision Application No. 1236 of 1996.

( 3 ) THE petitioner/original plaintiff filed Regular Civil Suit No. 72 of 1994 in the Court of learned Civil Judge (J. D.), Visnagar for recovery of Rs. 15,000. 00 paid against the orders passed by the Civil Judge (J. D.), Visnagar in Civil Suit No. 12 of 1994. to respondents as part-consideration towards purchase of a flat as per agreement and also claimed alternative relief for specific performance of the agreement for sale of flat valued at Rs. 80,000. 00.

( 4 ) THE respondents/defendants, on service of summons, appeared before the court and raised objections about the maintainability of suit in light of pecuniary jurisdiction of the Court. The respondents/defendants also rais














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