IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1624 of 2023 ==========================================================

FATEHSANG MOTIBHAI SOLANKI & ORS.

Versus MANUBHAI CHAGANBHAI SOLANKI & ORS.

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Appearance:

MR ROHAN SHAH FOR MR RUSHABH H SHAH(7594) for the Petitioner(s)

No. 1,2,3 KAMAL J UPADHYAYA(7469) for the Respondent(s) No.

10,11,12,8,9.1,9.2,9.3 MR AS VAKIL(962) for the Respondent(s) No. 1,2,3,4,6,7 MR SMIT PANDYA FOR MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 10,11,12,8,9.1,9.2,9.3 NOTICE SERVED BY DS for the Respondent(s) No. 13,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 02/09/2024

ORAL ORDER

1. Being aggrieved by the order dated 20.12.2022 passed below Exh.154 in regular Civil Suit No.1055 of 2015 (Annexure - P-5), petitioner who is defendant of the suit moved this petition under Article 227 of the Constitution of India seeking following relief :-

"(A) This Hon'ble Court may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ or order or direction to quash and set aside the order dated 20.12.2022 passed by learned 17th Additional Senior Civil Judge, Vadodaara in Regular Civil Suit No.1055 of 2015 (Annexure P-5).

(B) This Hon'ble Court may be pleased to reject the application at Exh.154 in Regular Civil Suit No.1055 of 2015 pending before the learned 17th Additional Senior Civil Judge, Vadodara (Annexure P4).

(C) Pending the hearing and final disposal of the petition this Hon'ble Court may be pleased to stay further proceedings of Regular Civil Suit No.1055 of 2015 pending before the learned 17th Additional Senior Civil Judge, Vadodara (Annexure P-1).

(D) Ex-parte ad-interim relief in terms of prayer C above may kindly be granted.

(E) Pass such other and further reliefs as may be deemed just and proper in the interest of justice."

2. Facts of the case are as under :-

2.1. The original plaintiffs preferred Regular Civil Suit No.1055 of 2015 against petitioners and respondent nos.8 to 13 seeking declaration to the effect that original plaintiffs are legally entitled for receiving compensation for survey no.48, which came to be acquired for Vadodara Mumbai Expressway and original defendants do not have any right or title to receive compensation. Learned Trial Court below Exh.20 framed issues. Thereafter, original plaintiff submitted examination in chief below Exh.30 which is in line to the averments made by the original plaintiff in the plaint, to which cross examination of the plaintiff was conducted by original defendants. Pursuant thereto, suit proceedings were pending for further evidence of plaintiffs, and at that stage, original plaintiffs moved application under ORder 16 Rule 1 of CPC for issuance of summon upon Mamlatdar and calling Mamlatdar as witness along with original copy of form 7 x 12 of survey no.28,47, 48 and 130. The said application was rejected by learned Trial Court. Subsequently, original plaintiff on 09.12.2022 preferred application below Exh.154 under Order 7 Rule 14 of CPC for taking documents narrated in para 3 of the said application on record of the suit proceedings. The petitioners raised objection on taking such documents on record mainly on the ground that by virtue of this application, the plaintiffs are introducing new case which ultimately changes the entire nature of suit. The said application was allowed by learned Trial Court vide order dated 20.12.2022.

Hence, this petition.

3. Heard learned advocate Mr.Rohan Shah for the petitioners and learned advocate Mr.A.S.Vakil for the contesting respondents.

4. Sum and substance of argument of learned advocate Mr.Rohan Shah is that learned Trial Court while permitting production of document, totally ignored provision of Order 7 Rule 14(1), Rule 14(2) of CPC and straightway jumped to Order 7 Rule 14(3) of CPC to permit the production of documents. He