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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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