SCA/8757/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8757 of 2008 ========================================================= HAREN J DOSHI - Petitioner(s) Versus PRATAPRAI GAURISHANKER TRIVEDI (ABETED) & 18 - Respondent(s) ========================================================= Appearance : MR ARPIT A KAPADIA for Petitioner(s) : 1, None for Respondent(s) : 1 - 19. ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 01/07/2008 ORAL ORDER
Mr.
Gandhi submits that so far as the original proceedings in the trial
Court are concerned, the issues are not framed therefore, the stage
of Order-13 Rule-1 is not crossed. He further submits that the
appeal, during the proceedings of which the documents are now sought
to be produced, is an appeal preferred against the order appointing
receiver. Mr. Gandhi, thus, tried to submit that it is during the
pendency of the suit proceedings when even the issues have yet not
been framed, the subject appeal is preferred wherein, the documents
are sought to be produced for effective hearing of the appeal. Under
the circumstances, in submission of Mr. Gandhi, the learned Court has
committed error by not permitting the production of documents and has
also committed error in not taking into consideration the provisions
of Order-39 Rule-1. Hence, Notice returnable on 7th
July, 2008. Direct Service is
permitted.
[K.M.Thaker,
J.]
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