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2013 Supreme(Guj) 662

G.B.SHAH
Swami Keshav Prakashdasji Guru Pujya Narayanpriya Dasji – Appellant
Versus
Ajendraprasad Nrugendraprasad Pandey – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.N. Shelat, Sr. Advocate With Mr. Mrugen K. Purohit, Advocate
For the Respondent:Mr N.D. Nanavati, Sr. Advocate With Mr. S.P. Majmudar, Advocate

JUDGMENT :

G.B. Shah, J.

Present petition, under Article 226 of the Constitution of India has been preferred by the petitioners - original plaintiffs in Special Civil Suit No. 156 of 2002 (for short 'Special Suit') assailing the order dated 08/03/2013, passed by the learned 3rd Additional Senior Civil Judge, Nadiad, below exh. 1. The said order reads as under:

    "I have read the plaint and papers in support thereof. Perused the record and proceedings. In view of duties laid down under provisions of Order 7, Rule 11 and under the power of the said section and also under provisions of Section 151 of the Civil Procedue Code at this stage I direct the plaintiffs to show cause why their plaint should not be rejected under the provisions of Order 7, Rule 11 (a) for non discloser of cause of action. In view of facts in controversy it is desirous before proceed further that the plaintiff first satisfy the said pivotal point. Fixed for hearing on the said point on 16/03/2013."

2. The prayers sought for in the present petition are as follow:

    "8(A) This Hon'ble Court may be pleased to issue a writ of certiorari or any other writ in the nature of certiorari or any other appropriate writ, order or dir

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