( 1 ) SINCE common issue is involved in both these petitions and since they are heard together, the same are being disposed of by this common judgment and order.

( 2 ) SPECIAL Civil Application No. 4916 of 2005 is filed by M/s. Akshar Image, the petitioner ? orig. plaintiff under Article 227 of the Constitution of India challenging the order dated 20. 01. 2005 passed by the learned City Civil Judge, Ahmedabad below an application Exh. 102 in Civil Suit No. 82 of 2002 whereby the application filed by the present respondent No. 1 ? orig. defendant No. 1 praying for amending the written statement and seeking direction to treat the amended written statement as counter claim, was allowed.

( 3 ) SIMILARLY, Special Civil Application No. 4940 of 2005 is filed by M/s. Akshar Print challenging the order dated 20. 01. 2005 passed by the learned City Civil Judge, Ahmedabad below an application Exh. 94 in Civil Suit No. 83 of 2002 whereby the application filed by the present respondent No. 1 ? orig. defendant No. 1 praying for amending the written statement and seeking direction to treat the amended written statement as counter claim, was allowed.

( 4 ) FOR the sake of convenience, the facts ar

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