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2014 Supreme(Guj) 1106

K.M.THAKER
Radhe Krishna Products - A Partnership Firm – Appellant
Versus
Parshottambhai Dharamshibhai Lunagriya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Tushar Mehta, Senior Counsel With Pratik Y. Jasani, Advocate.
For the Respondent:Sunit Shah, Counsel with Nehal M. Raval, Advocate.

JUDGMENT :

K.M. Thaker, J.

In present petition, the petitioners have prayed, inter alia, that:

    "10(A) This Hon'ble Court may be pleased to issue an appropriate writ, order and/or direction, quashing and setting aside the impugned order dated 25.11.2013 passed by the Ld. 6th Additional District & Sessions Judge, Jamnagar below application Ex. 15 in Regular Civil Suit No. 65/2012, and be further pleased to reject plaint of Regular Civil Suit No. 65/2012 filed by the Respondent in the Court of Ld. 6th Additional District & Sessions Judge, Jamnagar."

2. The petitioners are aggrieved by order dated 25.11.2013 passed by the learned trial Court below Exh. 15 in Regular Civil Suit No. 65 of 2012 whereby the learned trial Court rejected present petitioners' (i.e. original defendants) application (Exh. 15) which was filed under Order 7, Rule 11 (a) and (d) of the Civil Procedure Code (hereinafter referred to as 'the Code').

3. The relevant facts involved in and leading to present petition are that:

3.1 The petitioners are the original defendants and the respondent herein is the original plain

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