Gujarat High Court High Court

Mehulbhai vs Nutan on 12 May, 2010

Gujarat High Court
Mehulbhai vs Nutan on 12 May, 2010
Author: Ravi R.Tripathi,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SCA/5860/2010	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 5860 of 2010
 

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

MEHULBHAI
GHANSHYAMBHAI PATEL - Petitioner(s)
 

Versus
 

NUTAN
CHICKEN TRADERS - Respondent(s)
 

===================================== 
Appearance
: 
MR SP MAJMUDAR for
Petitioner(s) : 1,MR PP MAJMUDAR for Petitioner(s) : 1, 
None for
Respondent(s) : 1, 
=====================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE RAVI R.TRIPATHI
		
	

 

Date
: 12/05/2010 

 

ORAL
ORDER

1.0 Heard
learned advocate Mr. Majmudar for the petitioner. The learned
advocate for the petitioner submitted that the Court below
learned 7th Joint Senior Civil Judge and Judicial
Magistrate First Class, Vadodara has committed an error in granting
exh. 14 Leave to Defend application by order dated 28th
January 2010 in Summary Special Suit No. 324 of 2008. He submitted
that the learned Judge ought to have appreciated that in view of Rule
2 of Order 37 of CPC, it was open to the plaintiff to file a suit
basing only on Bills of Exchange, Hundies and Promissory Notes.

2.0 Notice
returnable on 30th June 2010. Direct
service is permitted.

[
Ravi R. Tripathi, J. ]

hiren

   

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