SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(Guj) 231

P.B.MAJMUDAR
MAHENDRAKUMAR RAMANLAL THAKKERPROP. LAXMI ALUMINIUM IND. – Appellant
Versus
VANECHAND MORARJI DESAI - HEIROF DECD. DHANKUVERBEN VANECHAND – Respondent


Advocates Appeared: DHARMESH V.SHAH, MEHUL SHARAD SHAH, SURESH M.SHAH

P. B. MAJMUDAR, J.

( 1 ) THE petitioners herein are the original defendants of H. R. P. Civil Suit No. 156/1989. The said suit is filed by the respondent herein. In the aforesaid suit, the original plaintiff-respondent herein, gave an application Exh. 40 for amending the plaint by adding additional ground for eviction. The trial Court allowed the said application by the impugned order. The said order is challenged in this revision, by which amendment is granted.

( 2 ) THIS revision was admitted by this Court on 7th April 1998, which is placed for final hearing before this Court today. It is required to be noted that in view of the amendment in Section 115 of C. P. C. , the order in question is not revisable as it would not terminate the proceedings finally. Realising this difficulty, Mr. Shah learned advocate for the petitioners submitted that he may be allowed to convert this Civil Revision Application into a petition under Article 227 of the Constitution of India. Initially, this Court was of the opinion that in view of the decision of a two-Judge Bench of the Apex Court in the case of Vishesh Kumar Vs. Shanti Prasad reported in AIR 1980 SC 892, a revision cannot be allowed to be





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top