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AO/25/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 25 of 2010
=========================================
DHIRENDRA
KHUSHALDAS AGAJA AND ANOTHER
Versus
NAVNEETBHAI
HIRABHAI RATHOD AND ANOTHER
=========================================Appearance
:
MR MEHUL S SHAH
for the
Appellants
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 08/02/2010
ORAL
ORDER
The
learned counsel for the appellants, in this appeal, raises a
question that the City Civil Court has no jurisdiction to entertain
suits under the Bombay Rents, Hotel & Lodging House Rates
(Control) Act, 1947. There is specific bar under Section 28 of the
said Act about the jurisdiction of the City Civil Court and the suit
was required to be filed in Small Causes Court. This objection was
not raised by the appellant before the Trial Court when the
injunction application was argued.
In
the above view of the matter, the learned counsel for the appellants
is permitted to raise this objection before the Trial Court because
the objection goes to the root of the matter and relates to the very
foundation of the suit before the Court which has issued injunction.
The
present Appeal from Order is kept pending and the Trial Court
concerned is directed to entertain the application of the appellants
and decide the same after affording opportunity to the respondents.
Put
up after two weeks.
In
the meanwhile, the application of the appellant may be decided by the
concerned Trial Court.
(BHAGWATI
PRASAD, J.)
omkar
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