Gujarat High Court Case Information System Print LPA/2661/2010 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 2661 of 2010 In SPECIAL CIVIL APPLICATION No. 12582 of 2009 ========================================================= MANOJBHAI VITHALDAS AASHAR - Appellant(s) Versus BIPINBHAI VINODBHAI SHETH & 3 - Respondent(s) ========================================================= Appearance : MR JM BUDDHBHATTI for Appellant(s) : 1,MRPRANAVMRAVAL for Appellant(s) : 1, None for Respondent(s) : 1 - 4. ========================================================= CORAM : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 03/08/2011 ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
matter relates to the amendment of prayer made in the plaint in
Special Civil Suit No.121 of 2008. The respondent challenged the
order dated 29.10.2009 passed by 7th Additional Senior
Civil Judge, Jamnagar below Exh.38 in the said suit. Learned Single
Judge, after notice to the parties and being satisfied with the
ground that the Court has committed an error allowed the petition
exercising powers under Article 227 and set aside the said order.
Having
heard learned counsel for the appellant, we are not inclined to
interfere with the said order. Appeal under clause 15 being not
maintainable against exercise of powers made by learned Single Judge
under Article 227 of the Constitution of India having noticed that
the Court below has committed an error in allowing the application,
Letters Patent Appeal is accordingly dismissed.
(S.J.MUKHOPADHAYA,CJ)
(J.B.PARDIWALA,J)
pathan
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