C/CRA/228/2021 JUDGMENT DATED: 06/10/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CIVIL REVISION APPLICATION NO. 228 of 2021

With

R/CIVIL REVISION APPLICATION NO. 236 of 2021

With

R/CIVIL REVISION APPLICATION NO. 237 of 2021

With

R/CIVIL REVISION APPLICATION NO. 238 of 2021

With

R/CIVIL REVISION APPLICATION NO. 239 of 2021

With

R/CIVIL REVISION APPLICATION NO. 240 of 2021

With

R/CIVIL REVISION APPLICATION NO. 241 of 2021

With

R/CIVIL REVISION APPLICATION NO. 242 of 2021

With

R/CIVIL REVISION APPLICATION NO. 243 of 2021

With

R/CIVIL REVISION APPLICATION NO. 244 of 2021

With

R/CIVIL REVISION APPLICATION NO. 245 of 2021

With

R/CIVIL REVISION APPLICATION NO. 246 of 2021

With

R/CIVIL REVISION APPLICATION NO. 247 of 2021

With

R/CIVIL REVISION APPLICATION NO. 248 of 2021

With

R/CIVIL REVISION APPLICATION NO. 249 of 2021

With

R/CIVIL REVISION APPLICATION NO. 250 of 2021

With

R/CIVIL REVISION APPLICATION NO. 251 of 2021

With

R/CIVIL REVISION APPLICATION NO. 252 of 2021

With

R/CIVIL REVISION APPLICATION NO. 253 of 2021

With

R/CIVIL REVISION APPLICATION NO. 254 of 2021

With

R/CIVIL REVISION APPLICATION NO. 255 of 2021

With

R/CIVIL REVISION APPLICATION NO. 256 of 2021

With

R/CIVIL REVISION APPLICATION NO. 257 of 2021

With

Page 1 of 12

C/CRA/228/2021 JUDGMENT DATED: 06/10/2021

R/CIVIL REVISION APPLICATION NO. 258 of 2021

With

R/CIVIL REVISION APPLICATION NO. 259 of 2021

With

R/CIVIL REVISION APPLICATION NO. 260 of 2021

With

R/CIVIL REVISION APPLICATION NO. 261 of 2021

With

R/CIVIL REVISION APPLICATION NO. 262 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

:

Sd/-

=======================================================

1

Whether Reporters of Local Papers may be

allowed to see the judgment ?

NO

2

To be referred to the Reporter or not ?

NO

3

Whether their Lordships wish to see the

fair copy of the judgment ?

NO

4

Whether this case involves a substantial

question of law as to the interpretation

of the Constitution of India or any

order made thereunder ?

NO

=======================================================

LAVARIYA DEVRAJBHAI DEVRAJ RAYJIBHAI

Versus

CHARITY COMMISSIONER

=======================================================

Appearance:

MR PUSHPADATTA VYAS(1296) for the Applicant(s) No. 1

MS JYOTI BHATT, AGP for the Opponent(s) No. 1,8,9

MR SACHIN D VASAVADA(3342) for the Opponent(s) No.2-6

MR SD MOTWANI(6681) for the Opponent(s) No. 7

=======================================================

CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 06/10/2021

ORAL JUDGMENT

1.

Learned advocates appearing for the parties have

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C/CRA/228/2021 JUDGMENT DATED: 06/10/2021

jointly requested that as the issue involved in

these applications is similar, all these

applications be finally disposed of at an

admission stage. Therefore, all these applications

are heard together and are being decided by this

common judgment.

2.

Rule. Learned AGP Ms. Jyoti Bhatt for respondent

no.1, learned advocate, Mr. Sachin Vasavada for

respondent nos.2 to 6 and learned advocate, Mr.

S.D. Motwani for respondent no.7 waive service of

notice of Rule.

3.

All these Civil Revision Applications are filed

under Section 115 of the Code of Civil Procedure,

1908 (hereinafter referred to as “the Code”) by

the applicant challenging the order passed by the

concerned trial court, whereby the application

filed by the applicant under Order 7, Rule 11 of

the Code has been rejected.

4.

For the sake of convenience, facts as stated in

Civil Revision Application No.228/2021 are

considered, which are as under,

4.1

The present applicant had filed Regular Civil

Suit No.61/2016 before the concerned trial

co