D.C.SRIVASTAVA, J.N.BHATT
JAIMIN J. DESAI – Appellant
Versus
GUJARAT CHAMBER OF COMMERCE and INDUSTRY – Respondent
( 1 ) WHAT is in focus :- The main question, in the focus, which, revolves, round, for determination and decision, in this Letters Patent Appeal (LPA), is, "whether, an appeal would lie under Clause 15, of the Letters Patent Appeal of the Bombay High Court, applicable to the Gujarat High Court, to a Division Bench of this Court, from the judgment of a Single Judge, of this Court, recorded and rendered in exercise of Appellate Jurisdiction arising out of "appeals from Orders" involving and warranting analysis, interpretation of, and applicability of the provisions":- (i) Clause 15 and 44 of LPA of Bombay Applicable too Gujarat (ii) Sec. 100-A, 102 (2), Sec. 104 (1) and (2), 105, 106, 107 and 109 of the Civil Procedure Code (CPC) and (iii) Order 43, Rule 1 (r) and Order 45, Rules 3 of the CPC and (iv) Articles 133 (1) and (2) and Article 134-A and Article 147 of the Constitution of India.
( 2 ) THE appeal, before the learned Single Judge, came to be filed, against the, Interlocutory order of injunction, against the, order of, City Civil Court, in Original Suit, No. 4939 of 1999, for, perpetual Injunction. By virtue of the impugned interlocutory order, under Order 39 Ru
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